Pay when Paid Clauses: Part V

The Court in DEC Electric, Inc. v. Raphael Construction Corp., 538 So.2d 963 (Fla. 4th DCA 1989); aff’d  558 So.2d 427 (Fla. 1990) noted the history of pay when paid cases and stated that clauses that contain “contingency” or “conditioned” were upheld and clauses that contained “unless” or “until” were found ambiguous and payment was required within a reasonable time period. 
 
Trenton H. Cotney
Florida Bar Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S. Ashley Dr., Suite 1300
Tampa, FL 33602
(813) 229-3333

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