Payments & Liens

Pay-If-Paid

Also known as: PIP, Conditional Payment Clause

A clause making the GC's payment to the sub conditional on the GC actually receiving payment from the owner. Stricter than pay-when-paid.

A pay-if-paid clause is a strict conditional payment provision in a subcontract. It states that the GC has no obligation to pay the sub unless and until the owner pays the GC for that work. If the owner never pays (bankruptcy, dispute, default), the sub never gets paid. This is materially different from a pay-when-paid clause, which simply gives the GC a reasonable time to pay after receiving owner funds but does not condition payment entirely on owner payment.

Pay-if-paid clauses are unenforceable in some states (California, New York, North Carolina, others) because courts view them as shifting unrelated risk onto subs. In states where they are enforceable, the language must be explicit; courts construe ambiguous clauses as pay-when-paid rather than pay-if-paid. Subs faced with a pay-if-paid clause should: try to negotiate it out, file mechanics liens promptly when payment lags, monitor owner solvency, and require shorter notice and cure deadlines on payment delay.

Frequently asked questions

What is the difference between pay-when-paid and pay-if-paid?+

Pay-when-paid gives the GC reasonable time after owner payment to pay the sub. The sub still gets paid eventually if the owner pays late. Pay-if-paid makes owner payment a true condition: no owner payment means no sub payment, ever. Pay-if-paid is much stricter.

Are pay-if-paid clauses enforceable?+

In some states yes, in others no. California, New York, North Carolina, and several other states void or limit pay-if-paid as unfair risk-shifting. In enforceable states, the clause must be explicit; ambiguous wording is construed as pay-when-paid. Always check state law.

How should subs respond to a pay-if-paid clause?+

Negotiate it out if possible. If you must accept, file mechanics liens promptly when payment lags, monitor owner solvency throughout, require short notice and cure deadlines, and pre-qualify the owner before signing the sub. The clause is most painful when the owner defaults; protecting yourself is mostly about not signing on a project with a high-default-risk owner.

Related terms