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Re: Pay when Paid

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You obviously have had better clients than I. I fight this clause just
about everytime I get into a new contract. But, if it's unenforceable, I'll
agree to it without upsetting my client and just file a preliminary lien if
the fee is over $5K and not if it's under.

Bill Allen

> From: Lynn Howard <lhoward(--nospam--at)>
> To: seaoc(--nospam--at)
> Subject: Re: Pay when Paid
> Date: Monday, September 15, 1997 6:17 PM
> Bill-
> I do not know if it is legal, but we are subjected to this clause all the
> time.  And I might add that it is rare that we are not paid for our work.
> sometimes have to wait a long time to get paid, but our invoices that
have to
> be written off for non-payment are less than 1% of our total billings.
> Also, when we are the prime on a project (such as for a seismic
retrofit), we
> use the same clause when we hire the Architect and other consultants to
> for us.
> Bill Allen, S.E. @ ALLEN DESIGNS wrote:
> > I was talking to a colleague today about a "pay when paid" clause in
> > contracts. He told me that this was an illegal clause and is therefore
> > enforceable (sp?). Does anyone have any legal experience with this?
> >
> > Regards,
> > Bill Allen