An Introduction to Pay-if-Paid vs. Pay-when-Paid Clauses
Most contractors, subcontractors, or suppliers in the construction industry have heard, or are even familiar with. the terms pay-if-paid and pay-when-paid. In general, payment provisions are typically the most controversial and heavily negotiated provisions in construction contracts. This white paper reviews the definition of pay-if-paid and pay-when-paid provisions, and discusses the difference between the two as well as how to recognize them in practice.
Agenda
Faculty
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law and international arbitration sections 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 as an engineer for an ENR® top 50 general contractor
- Drafted form 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
- Can be contacted at [email protected], [email protected], and (404) 815-3711
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