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Contingent Payment Clauses

kalford April 13, 2023

Contingent Payment Clauses

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: Lien Waivers for Contractors & Subcontractors

Tune into our podcast with construction attorney Mark Grzymala to discover the types of lien waivers for contractors and subcontractors, when to sign, and more.

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Consignment Agreements vs. Retail Bankruptcy: UCC Advantages

Retail bankruptcies are rising and consignment agreements alone won't protect you. Learn what Article 9 requires and why a UCC filing is your most important step.

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Lien Index Q1 2026

Lien Index news for Q1 2026: mechanic's lien activity declines to its lowest reading since 2022 as construction pipelines soften across key sectors.

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