What is a Pay-if-Paid Clause?

In the construction industry, a claim refers to a request or demand for compensation or remediation rights. Such claims often emerge for varying reasons, including unexpected project situations, changes in project scope, unforeseen conditions, or disputes over contract interpretations. For instance, if a construction team encounters an unexpected geological impediment on a site, delaying the project, they might file a claim to recover the costs caused by this delay. These claims are typically addressed in detail within the terms and conditions of construction contracts and might have to be resolved in court or through arbitration if the two parties cannot reach an agreement. It is imperative for every party involved in any construction project to be aware of potential claims to understand their rights and obligations. Therefore, effective claim management is key to successful construction project execution.

Overbilling (or billing in excess of costs) occurs when you’ve invoiced your client for more work than you’ve actually completed or incurred costs for. In other words, it represents getting paid ahead of your work schedule.

Here’s how it works: If you’re a concrete subcontractor on a $100,000 job and you bill 50% upfront ($50,000) but have only completed $30,000 worth of work, that $20,000 difference is your billings in excess of costs. You owe your client that work, and until you complete it, that $20,000 remains as a liability on your balance sheet.

For subcontractors, understanding billing in excess of costs is essential because it can be a strategic cash flow tool when used carefully. For example, when bidding on a job, you can be smart about how you structure your schedule of values (SOV)—breaking work down into more detailed line items that allow earlier billing. However, this strategy requires regular monitoring to ensure:

• Your billing somewhat aligns with your actual percentage complete, and 
• The remaining contract value will still cover your remaining costs.

The biggest risk of overbilling is thinking your margins look better than they are, simply because you’re collecting cash faster. Surety companies and lenders also scrutinize overbillings closely, as excessive amounts can signal poor project management or potential cash flow problems down the road.

With Siteline, you can easily track whether you’re billing in excess of your costs by pulling your month-to-month incurred costs and comparing them against your billing progress. This real-time visibility helps ensure you’re billing appropriately while maintaining realistic profitability expectations. If you’re interested in seeing for yourself, schedule a personalized demo of Siteline here.

A Project Budget, in the construction industry, refers to a financial plan that estimates the costs associated with each phase of a construction project. It includes direct costs such as materials, labor, equipment, and subcontractor charges, as well as indirect costs such as site overheads, insurance, permits, and contingencies. A well-prepared project budget aids in determining the financial feasibility of the project, managing costs effectively, and minimizing financial risks. It serves as a financial guide during the project execution and helps in tracking deviations between projected and actual costs. It is a critical tool for project managers to ensure a project is completed within the calculated cost framework.