When is payment due under the common law?
Payment for construction work is due upon substantial completion of the work, unless changed by contract, statute, or law. Most subcontracts provide for progress payments, but the progress payments are typically subject to certain conditions that may affect the timing or the duty of the contractor to pay the subcontract. This video reviews payment conditions, the pay if paid clause, and the pay when paid clause.
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 graduate courses in design and construction law and real estate development law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
- Drafted form construction contracts for the Associated Owners and Developers, a national organization
- 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. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Can be contacted at [email protected], [email protected], or 404-815-3711
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