South Carolina Court of Appeals Puts a 90-Day Cap on Pay-When-Paid Clauses
South Carolina law has long rejected “pay-if-paid” clauses. Contractors cannot avoid paying subcontractors simply because the owner has not paid them. “Pay-when-paid” clauses, however, have lived in a gray area. Courts said they could be enforced for a “reasonable” time, but no one knew how long that meant. That changed with the Court of Appeals’ […]
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