Pay When Paid news:

A recent case from the Supreme Court of Yukon shows that risk shifting clauses are disfavored no matter the jurisdiction.

A recent Wyoming decision may have shed some light on how the state will treat pay if paid and pay when paid contracts. The case at issue did not deal...

It may seem that shifting liability down the payment chain is just the way of the world in the construction industry. Often times, that’s the truth (but that’s not the...

The Miller Act is legislation passed in order to protect the subcontractors, suppliers, and other down the chain laborers on federal construction projects. Under the Miller Act, general contractors on federal...

The top down payment structure in the construction industry creates plenty of problems. Parties are worried about shifting liability first and foremost, keeping the industry from a better, more collaborative...

Pay if paid clauses are designed to shift the risk of non-payment to lower-tier parties on a construction project. The purpose, in states in which such clauses are allowed, is to...

The Ohio Supreme Court chimed in on “pay if paid” clauses last week, and it’s not good for subcontractors. In Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp., the court decided...

Several weeks ago I wrote a post introducing undertaking a 50-state survey of “pay when paid” and “pay if paid” clauses.  While there are some nationwide trends in how these...

Virginia courts take an interesting and unique approach regarding pay when paid clauses in construction contracts. As outlined by Galloway Corp. v. S.B. Ballard Const. Co., 464 S.E. 2d. 349...

If you’re unpaid on a construction project, you usually have mechanics lien rights and/or the right to recover under a payment bond. The magic of mechanics lien or bond claim...