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Teras Offshore Pte Ltd v Teras Cargo Transport (America) LLC [2017]

“A party relying on a “pay when paid” provision to withhold payment to its sub-contractor had the burden of proof. The main contractor in a project for the construction of LNG gas plants, was held liable to pay its sub-contractor (who had provided tug, barge and other services to the value of USD28m) as it had failed to show that it had not been paid by the employer, or used all available means to obtain payment.”

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