Tusco for work per change orders: Clark’s receipt of payment from the Owner on account of pending changes made by the Owner shall be a condition precedent to Clark’s obligation to make payment for changed work to Subcontractor. Compl.,.Ex. B, Art. 9(c) (emphasis added). This type of conditional payment clause in a subcontract agreement is commonly referred to by courts as a “pay-if-paid” or “pay-when-paid” clause. See, e.g., Universal Concrete Products v. Turner Const. Co., 595 F.3d 527, 529-32 (4th Cir. 2010) (noting that a clause making payment by the Owner an “express condition precedent” to payment from the prime contractor to subcontractor is a “pay-when-paid” clause under Virginia law); MidAmerica Constr. Mgmt., Inc. v. MasTec N. Am., Inc., 436 F.3d 1257, 1261-64 (10th Cir. 2006) (<HOLDING>); see also Steven J. Koprince, The Slow Erosion
holding that a surety after becoming aware of a single claim for labor and materials by a subcontractor acted reasonably by directing the owner to withhold further payments from the contractor even though contractor had not been declared in default by the owner holding that subcontractor could recover damages from general contractor for delay in performance under state law holding that a provision making all payments to subcontractor by  contractor expressly contingent upon payment for the work by contractor from owner is a payifpaid clause under texas law holding that a clause making payment by the owner an express condition precedent to payment by the general contractor to the subcontractor was enforceable holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor