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 WH-347?
WH-347 is a form utilized in the construction industry by contractors and subcontractors engaged in federal or federally-assisted construction contracts. This certified payroll form, issued by the U.S. Department of Labor, requires contractors to report detailed wage information for employees including hours worked, job classification, rates of pay, and deductions. The purpose of the WH-347 form is to ensure contractors are compliant with the Fair Labor Standards Act regulations. Witnessed and attested to by an assigned company official, this form plays a crucial role in the transparent and fair operation of the construction industry, ensuring that workers are compensated according to stipulated guidelines and in line with labor law regulations.
What is Cost of Goods Sold (COGS)?
Cost of Goods Sold (COGS) in the construction industry represents the direct costs associated with the production of goods or services that a company sells. These costs may comprise the cost of raw materials such as lumber, steel, concrete; direct labor costs; storage costs, and direct utility costs. It can also include direct expenses like subcontractor costs, labor burden (i.e., benefits, insurance, taxes related to employee wages), material costs, and equipment costs that are directly attributable to a project's completion. COGS does not include indirect expenses such as sales and distribution costs or overhead costs such as office rent and utilities. In essence, COGS in construction is directly tied to specific projects and is a key factor in determining a project's gross profit and thus a company麓s profitability.
What is Leverage?
Within the construction industry, "leverage" often alludes to the concept of using a relatively small initial investment, or resources such as machinery, time, or manpower, to gain a high return. This generally references the strategic procurement and deployment of resources or borrowed capital to increase the potential return of an investment. Leverage is particularly strategic in construction management, as it allows contractors to undertake larger projects than they could otherwise afford, enhancing their potential profit. For instance, the acquisition of a construction crane may require a significant upfront investment, but allow for much more effective work on high-rise projects, enabling the contractor to command a higher price for the job. Therefore, the term "leverage" refers to optimizing resources or borrowed funds to increase efficiency, achieve greater scale and amplify profits in construction ventures.