Pay-When-Paid Clauses: Are They Legal in Manitoba?

We all know that in a typical construction project, payment flows down the contractual chain. The Owner pays the Prime Contractor; the Prime Contractor pays Sub-Contractors and suppliers; Sub-Contractors pay Sub-sub-Contractors and so on.

Perhaps as a result of this practical reality, it has become tacitly accepted in the construction industry that those down the contractual chain receive payment after the person above them receives payment. (Read more...)