Welsbach Elec. Corp. v. MasTec N. Am., Inc., 7 N.Y.3d 624 (2006)
Welsbach involved a general contractor engaged to construct a telecommunications network in New York. The agreement between the general contractor and sub-contractor included a pay-if-paid clause and a Florida choice of law provision. The New York Court of Appeals decided that New York’s public policy against pay-if-paid contract provisions was not so fundamental that it would override the parties’ choice of law.
The significance of this ruling is that it is now possible for a subcontractor to find that its lien rights are imported if it does business under the law of a non-West-Fair state.