Pay-When-Paid Clause
What is a Pay-When-Paid Clause?
A Pay-When-Paid Clause refers to a contractual provision often used within the construction industry. This clause essentially stipulates that a contractor or a subcontractor is not obliged to pay their subcontractors or suppliers until they themselves receive payment from the project owner. It serves to manage the risk associated with the delay or failure of payment in the construction chain, allowing the contractor to pass on the financial risks to the subcontractors. Such a clause can have significant implications on cash flows and may affect the commercial viability of construction projects, particularly for smaller subcontractors. It's crucial for all parties involved to carefully negotiate these provisions.
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Other construction terms
What is a Time and Materials Contract?
A Time and Materials Contract, often abbreviated as T&M, is a specific type of contract commonly used in the construction industry. It is a contractual format that indicates that the client will pay based on actual costs: the direct labor hours worked (time), the materials directly used in the final product, and a fixed add-on to cover overhead and profits. Unlike fixed-cost contracts, T&M agreements provide greater flexibility as the scope of work can change without having to negotiate a new contract. This type of contract is generally applied in projects where the full extent of the work cannot be determined at the outset. However, their major downside is the potential risk of cost overruns, which makes client oversight crucial.
What is Bottom-of-Chain or Low-Tier?
Bottom-of-Chain or Low-Tier in the construction industry refers to the lowest level of subcontractors or suppliers involved in a construction project. They are at the end of the construction chain, typically providing specific services or materials as subcontracted by higher-tier companies. These can include specialized tasks like electrical work, plumbing, landscaping, or supply of construction materials. Their work is crucial as they lay the foundation for more complex tasks to be executed by upper-tier contractors. They are also bound by the contracts in place, like other members of the chain, although directly managed by mid-tier subcontractors instead of the main contractor.
What are Financial Statements?
Financial Statements, in the context of the construction industry, are formal records that portray the financial activities and conditions of a construction company. They're crucial for presenting a company's financial health to stakeholders and assisting in making strategic decisions. The primary types include balance sheets, income statements, cash flow statements, and equity statements. The balance sheet gives an overview of the company's assets, liabilities, and shareholders' equity. The income statement shows revenue and expenses, revealing the profit or loss over a period. Cash flow statements illustrate how changes in balance sheet and income statement items affect cash and cash equivalents. Equity statement depicts changes in the owner's interest in company during the accounting period. Without these statements, it would be challenging to understand a construction firm's economic status and make informed future financial decisions.