Section Newsletters

Articles From Nicholas J. Johnson

The leaky “pay-if-paid” clause: A fluid story of the “if’s” and “when’s” of contingent payments By Nicholas J. Johnson Commercial Banking, Collections, and Bankruptcy, January 2013 The application of “pay-if-paid” versus a “pay-when-paid” clause can have drastic and far-reaching implications. It is thus essential that these disparate clauses are fully understood, because the impact of such clauses might be the difference between a contractor floating to safety or drowning in debt.
The leaky “pay-if-paid” clause: A fluid story of the “ifs” and “whens” of contingent payments By Nicholas J. Johnson Construction Law, December 2012 Subcontractors and contractors would both be well served in making themselves aware of the proper means of creating a “pay-if-paid” clause, and the various ways it might be circumvented.

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