Contingent Payment Clauses in Texas: Navigating the Ins and Outs
General contractors utilize subcontract agreements to protect their interests and shift risk downstream to subcontractors. They accomplish this end by including powerful contract clauses that provided little escape from harsh outcomes if the project does not unfold as planned. One such clause is the contingent payment clause, also known as “pay when paid” or “pay if paid” clauses, which obliges a subcontractor assume the risk of the owner’s failure to pay.