Payments & Liens

Pay-When-Paid (vs Pay-If-Paid)

Pay-when-paid delays sub payment until GC is paid. Pay-if-paid conditions sub payment on GC payment. Different legal effects.

Pay-when-paid and pay-if-paid are two contract clauses governing when a general contractor must pay a subcontractor. They sound similar but have very different legal effects.

Pay-when-paid clauses say the GC will pay the sub within a reasonable time after receiving payment from the owner. Most courts interpret this as a timing mechanism, not an absolute condition. The GC must pay the sub within a reasonable time even if the owner never pays.

Pay-if-paid clauses say the GC will pay the sub only if the GC receives payment from the owner. This shifts owner-payment risk from the GC to the sub. Pay-if-paid clauses are enforceable in most states but require explicit, clear language. Several states (California, New York, North Carolina, Wisconsin) have limited or barred pay-if-paid clauses by statute.

Frequently asked questions

What is a pay-when-paid clause?+

A pay-when-paid clause delays the GC's obligation to pay a subcontractor until the GC is paid by the owner. Most courts interpret it as a timing mechanism — the GC must pay the sub within a reasonable time even if the owner never pays.

What is a pay-if-paid clause?+

A pay-if-paid clause conditions the GC's obligation to pay the sub on the GC receiving payment from the owner. If the owner never pays, the sub does not get paid. This shifts owner-payment risk to the sub.

Are pay-if-paid clauses legal?+

They are enforceable in most states with explicit, clear language. Several states (California, New York, North Carolina, Wisconsin, others) have limited or barred them by statute. Always verify state law and have an attorney review the specific clause.

Related terms