Michael S. Zicherman authored an article titled, “Pay-If-Paid Clause are Enforceable, But…” which focused on the enforceability of a “pay-if-paid” clause in a construction contract. The article discusses the advantages and disadvantages of such a provision for a contractor as well as the enforceability of this provision in some states. While contractor’s often focus on proper contract drafting to ensure that they do not get stuck having to pay their subs for work that they were not paid for by the owner, they have to be just as careful during their performance of the construction project to ensure that their conduct and actions on the job will not render their pay-if-paid provision meaningless.
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