Pay when Paid Clauses: Part VII

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As with all contract provisions, the course of conduct or actions between the parties can result in the waiver of a contractual requirement.  With regard to a contingent payment clause or pay when paid provision, if the prime contractor previously paid the subcontractor despite not being paid by the owner, then the subcontractor will have an argument that the prime contractor waived the pay when paid provision.  In other words, the course of conduct between the parties on the project demonstrated that the prime contractor intended to pay the subcontractor regardless of the validity of the pay when paid provision.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

Location: 100 S Ashley Dr, Tampa, FL 33602, USA

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