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Source Venue Complete Wisconsin Bar Exam Topic Index List Showing the closest available flashcard practice.

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A subcontract provides that a general contractor will pay the subcontractor "within five days after owner pays general contractor." The subcontractor finishes its work. The owner refuses to pay the general contractor because of an unrelated dispute with another trade.
If the jurisdiction treats this wording as timing language rather than a true condition, what result is most likely?

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The general contractor must pay within a reasonable time despite the owner's nonpayment. The general contractor is discharged automatically because all pay-when-paid clauses are conditions. The subcontractor can never recover unless the owner pays. The subcontractor is treated as having breached because the owner did not pay.

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