Shifting the risk of an owner’s possible non-payment from one party to another is neither simple nor guaranteed. Unsuspecting parties can quickly find themselves locked into an agreement containing a payment provision susceptible to conflicting interpretations. What the parties intended, and thought they understood, may in fact not be what they obtain.
That little bit of language is called a Pay-when-paid (or pay-if-paid) contract provision and it exists in almost every construction contract, and more than likely exists in almost every contract that you sign. On this episode, Alex explains the “magic” language you need to watch out for, and what you can to do to protect your business.
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or firstname.lastname@example.org