January 2013

You are browsing the site archives for January 2013.

As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are used in contracts and what the practical effects of these terms may be on the rights and obligations of parties to those contracts.  While a previous posting on this site discussed the various pricing methods that may be used in construction contracts, this posting provides a brief overview of two related, but distinct, payment terms that appear in most construction subcontracts, but that are often misunderstood:  “pay if paid” and “pay when paid” clauses. (more…)