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Construction glossary

What is a Pay-if-Paid Clause?

A Pay-if-Paid Clause is a contractual agreement prevalent in the construction industry. Generally, this clause can be found in subcontracts between the General Contractor(GC) and their subcontractors. According to the clause, the GC is not obliged to pay the subcontractors unless and until they themselves have received full payment from the project owner. Therefore, it effectively transfers the risk of the project owner's insolvency from the GC to their subcontractors. It serves as a protection for the GC against financial instability. This type of clause has its controversies, as some jurisdictions view it as unfair to subcontractors due to the assignment of financial risk.

Trusted by trade contractors across the country

Other construction terms

Depreciation

What is Depreciation?

Depreciation in the construction industry refers to the decrease in value of a building or infrastructure over time due to natural wear and tear, damage, ageing, or obsolescence. It's a concept that pertains to accounting and fiscal management within the construction sector. Recognizing depreciation is crucial for construction companies as it can be used for tax benefits and to predict future costs. Depending on the method used, which can be straight-line, declining balance, or sum-of-years digits, the annual depreciation expense can be calculated. Hence, understanding depreciation is key to a construction company's financial planning and strategy.

Income Statement

What is an Income Statement?

An Income Statement, also known as a Profit and Loss Statement, is a vital financial document used in the construction industry, providing a detailed account of a company鈥檚 revenue, costs, and expenses over a specified period. It outlines gross profits, operating profits, and net profits after considering all deductions. For construction firms, it not only includes direct incomes and expenses such as labor cost, material cost, subcontracting cost, but also share of overheads like site insurance, equipment rental. It is an essential tool used by construction firms to understand their financial health, profitability, and to make informed strategic decisions for growth and sustainability.

Notice of Intent to Lien (NOI)

What is a Notice of Intent to Lien (NOI)?

A notice of intent to lien (NOI)鈥攕ometimes called an intent notice or notice of non-payment鈥攊s a legal document that serves as a final warning from a subcontractor or supplier to the property owner, developer, or general contractor (GC) indicating their intent to file a mechanic鈥檚 lien against the property in the event of non-payment.

The purpose of an NOI is two-fold: First, it protects the subcontractor鈥檚 or supplier's rights to establish a legal claim against the property, allowing them to file a lien鈥攐r pursue legal action鈥攊f the outstanding payment is not made within a specific time frame. Second, it motivates the responsible party (i.e., property owner, developer, or GC) to settle the outstanding payment(s). This is because once a mechanic鈥檚 lien is filed, the property owner can鈥檛 sell or refinance the property until the debt is settled.

Currently, NOIs are only legally required in nine states:

  • Arkansas (10 days before filing lien)
  • Colorado (10 days before filing lien)
  • Connecticut (Within 90 day lien period)
  • Louisiana (material suppliers on residential projects 10 days before filing lien)
  • Missouri (10 days before filing lien)
  • North Dakota (15 days before filing lien)
  • Pennsylvania (30 days before filing lien)
  • Wisconsin (30 days before filing lien)
  • Wyoming (10 days before filing lien)

However, regardless of state requirements, sending NOIs can be a beneficial and inexpensive step that increases subcontractors鈥� chances of getting paid (ideally without actually having to file a lien). Note that subcontractors must first submit a pre-lien (or preliminary) notice before submitting an NOI. Making both of these a standard part of accounting processes for past-due payments can improve A/R collection processes鈥攁nd get payments in the door faster.

Along this vein, empowers subcontractors by providing visibility into outstanding payments across all projects, alerting them when it's time to pursue overdue balances鈥攐r issue an NOI for the most persistent cases.

To experience how Siteline can help your subcontracting business proactively manage payment processes, leverage NOIs when necessary, and accelerate cash flow, book a personalized demo today.

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