Issue link: https://read.dmtmag.com/i/401422
70 • NOVEMBER 2014 • WORLD FENCE NEWS "Contingent Payment Clauses in the 50 States" answers construction subcontractors' questions about "Pay-If-Paid" ALEXANDRIA, Va. — "Pay- if-paid" contract clauses can cause big problems for unpaid construction subcontractors and suppliers. Such clauses specify that a subcontractor or material supplier will not be paid for the work it performed or the supplies or services it provided "if" the gener- al contractor doesn't receive payment from the project owner. Pay-if-paid is not enforceable in all circumstances, however, and the Foundation of the American Subcon- tractors Association's 2014 Edition of "Contingent Payment Clauses in the 50 States" helps subcontractors and suppliers understand their risk. Pay-if-paid is enforceable in some, but not all, states, and the states in which pay-if-paid is enforceable differ as to when a contract clause creates a true "condition precedent to payment" threatening the right of unpaid sub- contractors to be paid for satisfactory work. The manual explains for each state, the District of Columbia, and the U.S. Virgin Islands: • Whether a "pay-if-paid" clause will be enforced in that state if it is unambiguously drafted. • Whether the state distinguish- es between "pay-if-paid" and "pay- when-paid" provisions. • Whether "pay-when-paid" claus- es allow a contractor in the state to only delay payment to its subcontrac- tors for a reasonable time. • Key statutes and cases that de- scribe the state's position on contin- gent payment clauses. "Contingent Payment Clauses in the 50 States" is available as a free, downloadable PDF document only to ASA members. Nonmembers can learn how to join ASA on the ASA web site. The manual was prepared by ASA general counsel Kegler, Brown, Hill & Ritter, Columbus, Ohio. Subcontractors and suppliers can learn more about pay-if-paid and pay- when-paid clauses with the FASA video-on-demand, "The Big IF in Pay-If-Paid Clauses" (Item #8005), presented by Donald Gregory, Esq., Kegler, Brown, Hill and Ritter. The video-on-demand is $65 for ASA members and $95 for nonmem- bers. FASA was established in 1987 as a 501(c)(3) tax-exempt entity to sup- port research, education and public awareness. Through its Contractors' Knowl- edge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the con- struction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, at- titude and confidence they need to thrive and excel in the construction industry. For more information on the asso- ciation and its activities, visit the web site www.asaonline.com. Be Sure To Visit The World Fence News Crew At FENCETECH 2015! Booth No. 925 February 3-6, 2015 Orange Co. Convention Center Orlando, Florida World F ence ews N News from the World of Fencing, Access Control and Security © THE SKY'S THE LIMIT FEATURES: • Fits standard gooseneck stands • WCDMA technology • Easy programming • High-gain cell integrated antenna • No cell contract needed • Weatherproof stainless steel • Rings up to 3 administrators in sequence • Program up to 100 users to access the gate • Works with mobile and land lines • Answer visitors call no matter where you are • Gate is able to be latched/unlatched via cell phone • For use with all gate automation systems • No trenching for phone lines • 12/24 Volts AC/DC - 1.5 amp power supply • Easy remote programming via cell phone or computer 704.768.2230 Get This and Many Other Innovative Products from East Coast Gate Operators, Inc. ECGO-G Cell Phone Entry System myECGO.com Interested in becoming an ECGO distributor... Please call us! You control who has access to your property. "Everyone knows a keypad code: 1234" HIGHER SECURITY – NO KEYPAD NEEDED. Get Your FREE App Store! ECGO App At The Code: ECGO