Explore the controversies, issues, and legal rights and remedies surrounding pay when paid and pay if paid clauses.
Prompt payment is the lifeblood of every construction project. Delayed or missing payments are the harsh reality of many construction projects. Who bears this risk? The general contractor? Their subcontractors? This question often turns on whether the contractor's subcontracts contain a pay if paid or a pay when paid clause, which are some of the most negotiated and litigated/arbitrated terms in construction subcontracts today. This course will explore the controversies and legal issues surrounding pay if paid and pay when paid clauses. This course will help those responsible for drafting and negotiating subcontracts to address pay if paid and pay when paid clauses in their dealings and those responsible for administering and enforcing subcontracts better understand the legal position in the event of a dispute.
Agenda
Faculty
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm.
- Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Worked for an ENR® top 50 general contractor
- Drafted form construction contracts for the Associated Owners and Developers, a national association
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
- Contact information [email protected], [email protected], and (404) 815-3711
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