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Plain Pay-if-paid Provision Prevents Payment Until Owner Okays

Wednesday, May 26, 2010 04:17 am

 

Payment - Subcontractor

Swanda Brothers, Inc. v. Chasco Constructors, Ltd., LLP and F. G. Haggerty Company, Inc., 2010 U.S. Dist. Lexis 9710 (D. Okla. Feb. 4, 2010)

 

A sub seeking $300,000 cried ambiguity to get around a contract payment condition, but the language was clear and whether the sub had performed successfully was not.

 

General contractor Chasco Constructors, Ltd., LLP (Chasco) hired subcontractor Swanda Brothers, Inc. (Swanda) to perform on the Kiowa Casino construction project in Cotton County, Oklahoma. By t [...]

 
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