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R-07 · Tier 2 · Payment

Pay-if-Paid as Absolute Condition Precedent (No Outside Date)

Pay-when-paid is drafted as an absolute condition precedent with no outside payment date.

What MillworkShield looks for

This is the business risk behind the clause.

Risk

The sub can wait indefinitely for Owner payment and must invoke statute to get paid.

Cleaner ask

Add 7 days from Owner payment and a 60-day outside date from proper application.

Reference context

AIA A401 §11.3 treats pay-when-paid as timing with a reasonable-time backstop; TX Bus. & Com. Code §56.052 can cap proper contingent-payment clauses.

Search nearby wording

condition precedentpayment by ownerif contractor is paidpay when paid

Related guide

Pay-if-paid: the clause that makes your shop finance the owner

Can we revise the payment clause so approved work is paid within a fixed window and owner nonpayment that is unrelated to our scope does not become our shop's credit risk?

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