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In these tight times, you can understand how important payment provisions are to the parties’ transaction, particularly where costs are escalating and projects may stall mid-performance due to financing issues or owner-default. Does my state prohibit pay-if-paid clauses? North Carolina. South Carolina. One major lesson: WORDS MATTER.
CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. Terms for both are normally 10-20 years and can finance up to 100% of the project costs. ALABAMA - updated for 2014. They are: The Renewal Program.
The owner ultimately lost its construction financing on the project and abandoned the development. Other jurisdictions, such as C alifornia, New York, Nevada and North Carolina, have expressly ruled that the “pay if paid” clauses are unenforceable as a violation of state public policy. So, what should your contracts provide?
CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. Terms for both are normally 10-20 years and can finance up to 100 percent of the project costs. It allows for the construction of roads, bridges, etc.
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