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Sponsored by Lorman Education
Only registered attendee will receive continuing education credit.
Product ID: 404353
 
Credit & Course Provided by:

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

Live Webinar
June 27, 2018
1:00 pm ET (12 pm CT, 11 am MT, 10 am PT)
1 hour 30 minutes
Live Webinar$199Register Now
Can't Attend?   Audio & Reference Manual$199Add to Cart

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

The existence of a pay when paid or a pay if paid clause can be the difference between whether a contractor or its subcontractor remains in business when an owner does not pay its contractor, even if non-payment is justified. Pay if clauses may also allow a subcontractor to pursue a claim directly against an owner, despite a lack of privity of contract. Yet pay when paid and pay if paid clauses are two of the most misunderstood, controversial, and contentious terms frequently included in subcontracts nowadays. Indeed, contractors, subcontractors, and state legislatures have split as to whether pay when paid and pay if paid clauses are a fair allocation of the risk of non-payment or a violation of public policy. This topic will help you recognize pay when paid and pay if paid clauses, to understand the requirements for enforcing pay when paid and pay if paid clauses, and to negotiate pay when paid and pay if paid clauses. This content will also help persons who administer subcontracts and those who prosecute or defend payment disputes to better understand their rights, remedies, and legal options when payment is delayed or not made as a result of a pay when paid or a pay if paid clause. This information is critical to those who need to know and understand their rights and obligations under the payment provisions of subcontracts.

Learning Objectives

  • You will be able to explain when pay when paid and pay if paid clauses will be enforced.
  • You will be able to recognize ways to defeat or avoid pay when paid and pay if paid clauses.
  • You will be able to identify the differences between pay when paid and pay if paid clauses.
  • You will be able to define pay when paid and pay if paid clauses.

Registration

Live Webinar$199Register Now
Can't Attend?   Audio & Reference Manual$199Add to Cart