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Pennsylvania lower court decision 'creating' pay-if-paid neutralized.(Brief article)
In a Sept. 12 decision in Eschbach Bros. v. Contracting Systems, Inc., a Superior Court in Pennsylvania decided not to give weight to a trial court's argument that the Pennsylvania Contractor and Subcontractor Payment Act created an inherent "pay-if-paid" provision in every construction contract. The non-binding decision of the Superior Court, which is an intermediate appellate court, stated: "The parties never argued during trial that the provisions of the Contractor and Subcontractor Payment Act at issue were incorporated into the parties' written contract, contrary to the parties' contract, or negated the condition precedent established in the contract. ...
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Source: HighBeam Research, Pennsylvania lower court decision 'creating' pay-if-paid...