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Christopher R. Wampler and Eugene L. Souder

Judge Rules That an Unwritten Pay When Paid Clause is Possibly Enforceable

On Behalf of | Jun 19, 2014 | Bankruptcy |

An Illinois Bankruptcy Judge has ruled in In re 3RC Mechanical & Contracting Services, LLC
that a pay when paid clause in the contract between the prime contractor and a first tier subcontractor contractor creates the possibility that the clause could be enforced against a second tier subcontractor even though this clause was not in the contract between the first tier subcontractor and second tier subcontractor. 

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