Pay-If-Paid vs. Pay-When-Paid: The Subcontract Clause That Decides Whether You Get Paid When the Owner Stalls
A pay-if-paid clause makes the owner's payment a condition precedent and shifts the full risk of owner nonpayment onto the subcontractor, while a pay-when-paid clause only sets timing and still obligates the general contractor. Courts enforce pay-if-paid only when the condition-precedent language is express, and at least eight states (California, Illinois, Massachusetts, New York, North Carolina, South Carolina, Virginia, Wisconsin) void it outright. This guide covers how to tell the clauses apart, what to negotiate before signing, the Miller Act's 90-day notice and one-year suit deadlines, and how to book contingent receivables so your aging report and cash forecast tell the truth.
mike
constructioncontractsaccounts-receivable