Contratos y EjecuciónPregunta 853 de 1605
A 'pay-if-paid' clause in a subcontract attempts to make the general contractor's receipt of payment from the owner a:
a.Condition precedent to the general's obligation to pay the subcontractor
b.Requirement that the sub perform without a contract
c.Guarantee that the sub is paid within 24 hours
d.Waiver of the sub's mechanics lien only
Explicación
A pay-if-paid clause seeks to make the owner's payment to the general contractor a condition precedent to the general's duty to pay the subcontractor, so that if the owner never pays, the general arguably owes the sub nothing. Such clauses are strictly construed and, in some jurisdictions and circumstances, limited by law or public policy. It is not a 24-hour payment guarantee, is not merely a lien waiver, and does not eliminate the need for a subcontract.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)