New York Court of Appeals Decides Conflicts of Law Question — Pay-If-Paid/Pay-When-Paid Provisions

The New York Court of Appeals yesterday — in a special "hand-down" day — concluded in Welsbach Elec. Corp. v. MasTec N. Am. Inc. that enforcing a "pay-if-paid" provision in a subcontract that is controlled by Florida law does not violate a fundamental public policy of New York.  A "pay-if-paid" or "pay-when-paid" provision generally involves a contract provision in which the general contractor’s obligation to pay the subcontractor is contingent on and subject to the general contractor’s receipt of payment from the owner of the project.

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