The difference between pay if paid and pay when paid could be the difference between solvency and insolvency.
During the recession there were many examples where the existence or nonexistence of a pay if paid clause or pay when paid clause made the difference of whether the contractor or subcontractor stayed in business. Have these types of clauses in your contracts can truly affect your solvency. This video reviews payment under common law, payment conditions and condition precedent.
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 Tech-nology
- 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 s[email protected], [email protected], and (404) 815-3711
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