ALERT “PAY WHEN PAID” vs. “PAY IF PAID” AND THE IMPACT OF PASS THROUGH LIQUIDATING CLAUSES THIRD CIRCUIT CONCLUDES THAT SUBCONTRACTOR WAS ONLY ENTITLED TO PRO RATA SHARE OF CONTRACTOR’S RECOVERY AGAINST OWNER IN LIGHT OF OWNER’S FAILURE TO PAY ENTIRE CONTRACT AMOUNT August, 2011 Matthew Chabal III, Esq. James Smith Dietterick & Connelly, LLP [...]