"pay when paid provision" of a construction contract means a provision of the
contract--
(a) that makes the liability of one party (the
"first party" ) to pay money owing to another party (the
"second party" ) contingent on payment to the first party by a further party
(the
"third party" ) of the whole or any part of that money, or
(c) that otherwise makes
the liability to pay money owing, or the due date for payment of money owing,
contingent or dependent on the operation of another contract.