Construction Law: Are “Pay if Paid” and “Pay when Paid” Provisions Enforceable in New York?

General contractors often provide their subcontractors with a standard form contract providing little opportunity for the subcontractor to negotiate a change of any of the terms. Sometimes, the standard form agreement includes a “pay if paid” or “pay when paid” provision. Even though subcontractors may be accustomed to seeing these provisions, it might not be […]