Pay-If-Paid and Pay-When-Paid are contingent payment clauses. But what's the difference between the two and are they enforceable? “A contingent payment clause is a contractual provision that makes payment contingent upon the happening of some event. In construction subcontracts, the typical contingent payment clause makes the subcontractor’s payment contingent upon the payment of the contractor by the owner.” — American Subcontractors Association Download this resource to learn more about Pay-If-Paid and Pay-When-Paid, including which states do/don’t enforce these clauses.
Podcast: How Price Escalation Clauses Protect Subcontractors
How do escalation clauses protect subcontractors & material suppliers? Attorney Mark Gryzmala shares contract strategies to manage rising construction costs.
Practical Guide: How Do Lien Waivers Work in Construction?
Download our guide to lien waivers in construction. Learn how to choose the right waiver for contractors, meet state requirements, and protect payment.
Provincial Construction Payment Rights in Canada
Discover your payment rights on provincial construction projects in Canada, including how to secure bond claim rights and navigate Public Works Act claims.