Mechanics Lien Remedy for Public-Private Partnerships

A public private partnership (P3) is a popular term used to describe the delivery of public improvements by transferring risk and reward from government to private parties. P3s are gaining increasing popularity in California to privately finance public improvements by cash-strapped governments at arguably lower delivery costs than traditional design-bid-build methods. Today, P3s are being […]

Are Pay If Paid Clauses Enforceable?

An age old story in construction is as follows: the owner doesn’t pay the contractor, and a subcontractor, who has performed its work diligently and according to its contract, doesn’t get paid either. Most of these situations arise because the subcontract contains “pay when paid” or “pay-if-paid” clauses. These clauses shift the risk of nonpayment […]