Show navigation

Available in:

OnDemand Webinar
Audio & Reference Manual
MP3 Download

Pay When Paid and Pay if Paid Clauses: Who Bears the Risk of Non-Payment?

Explore the controversies, issues, and legal rights and remedies surrounding pay when paid and pay if paid clauses.

The enforceability of a pay if paid clause in a subcontract can be the difference between whether a contractor or its subcontractor remains in business in the event of an owner's failure to pay for a construction project. Pay if paid clauses are two of the most misunderstood, controversial, and contentious terms commonly included and negotiated in subcontracts. Contractors, subcontractors, and even some legislatures and courts have split as to whether pay if paid clauses are a fair allocation of the risk of an owner's nonpayment. This topic will explore the controversies and issues surrounding conditional payment provisions. This information will help persons responsible for drafting and negotiating construction subcontracts, including contract administrators, project executives, project managers, superintendents, and attorneys to recognize pay when paid and pay if paid clauses, to understand the requirements for enforcing such clauses, and to negotiate for the inclusion, exclusion, or modification of such clauses to better address the risk of an owner's nonpayment. It will help persons who administer and enforce construction subcontracts to better understand their rights and options in the event of a dispute involving a conditional payment provision and is critical to those who need to know and understand their rights and obligations under construction subcontracts.

Runtime: 91 minutes
Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction

  • Conditional Payment Provisions (CPP)

Payment Absent a CPP

  • Common Law
  • Prompt Payment Acts

Conditional Payment Provisions

  • Payment Conditions
  • Conditions Precedent
  • Timing Condition

Enforceability

  • Freedom of Contract
  • Public Policy
    • Pay If Paid
    • Pay When Paid
  • Avoidance Clauses in General

Different Perspectives on the Risk of NonPayment

  • Contractor Perspective
  • Subcontractor Perspective
  • Owner Perspective

Defeating or Avoiding Pay If Paid

  • Ambiguity
  • Public Policy
  • Settlement
  • Implied Duty of Good Faith and Fair Dealing
  • Payment Bonds
  • Prevention Doctrine
  • Unjust Enrichment

Drafting and Modifying CPPs

Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on May 22, 2019.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Scott Cahalan

Scott Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
  • Adjunct professor of design and construction law at 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 contracts, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
  • Drafted form construction contracts for a national owner organization, a large university, and a fortune 50 company
  • Recognized by Chambers USA 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
Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 405436
Published 2019
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!