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A Pay-When-Paid Clause refers to a contractual provision often used within the construction industry. This clause essentially stipulates that a contractor or a subcontractor is not obliged to pay their subcontractors or suppliers until they themselves receive payment from the project owner. It serves to manage the risk associated with the delay or failure of payment in the construction chain, allowing the contractor to pass on the financial risks to the subcontractors. Such a clause can have significant implications on cash flows and may affect the commercial viability of construction projects, particularly for smaller subcontractors. It's crucial for all parties involved to carefully negotiate these provisions.

Cost of Goods Sold (COGS) in the construction industry represents the direct costs associated with the production of goods or services that a company sells. These costs may comprise the cost of raw materials such as lumber, steel, concrete; direct labor costs; storage costs, and direct utility costs. It can also include direct expenses like subcontractor costs, labor burden (i.e., benefits, insurance, taxes related to employee wages), material costs, and equipment costs that are directly attributable to a project's completion. COGS does not include indirect expenses such as sales and distribution costs or overhead costs such as office rent and utilities. In essence, COGS in construction is directly tied to specific projects and is a key factor in determining a project's gross profit and thus a company´s profitability.

A mortgage, within the framework of the construction industry, is essentially a loan secured by a real property through the use of a mortgage note to evidence the existence of the loan and the encumbrance of that realty. This serves a crucial financial function during the building process as it allows homeowners or builders to purchase land or property without needing the full amount upfront. In most cases, a banking institution or lender offers the borrower a certain sum to buy a property, the borrower then repays this sum, typically monthly, with added interest, over a defined period. The mortgage ties the obligation of repayment to the property itself. Hence, when a mortgage loan is used for construction of a new property, the funds are dispersed to the borrower as work on the construction project proceeds. In the event that the borrower defaults on their mortgage payments, the lender has the right to take possession of the property, in a process known as foreclosure.