Pay-If-Paid, Pay-When-Paid Construction Contract Clauses: Avoiding Nonpayment, Jurisdiction, and Other Key Issues
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide construction counsel on best practices when negotiating contractual payment provisions for contractor, subcontractor, or supplier clients in the construction industry. The discussion will highlight key issues for differentiating between pay-if-paid (PIP) versus pay-when-paid (PWP) clauses, recent case law and relevant statutes, and best practices for navigating some of the most challenging and heavily negotiated provisions in construction contracts.
- Overview of construction payment provisions
- PIP clauses
- PWP clauses
- State law update
- Case law update
- Prompt payment laws/acts, payment exceptions, and other issues
- Best practices for avoiding the risk of nonpayment
The panel will discuss these and other key issues:
- How can counsel guide clients in navigating the nuances of construction payment provisions?
- What is the current jurisdictional treatment of PIP and PWP clauses?
- What are best practices for the precise drafting of payment provisions?
Erin C. Borek
Ms. Borek concentrates her practice in the area of civil litigation, with a focus on construction and commercial... | Read More
Ms. Borek concentrates her practice in the area of civil litigation, with a focus on construction and commercial litigation matters, including breach of contract claims and commercial torts. Her practice also includes personal injury disputes and civil rights litigation. In addition, she represents clients responding to government investigations and regularly advises clients on electronic discovery issues, including organizing and managing complex and high-volume document reviews. She has experience briefing and arguing appeals in both federal and state courts.Close
Scott D. Cahalan
Smith Gambrell & Russell
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects,... | Read More
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.Close