Legal Opinion
Tymeless Flooring, Inc. v. Rotolo Consultants, Inc.
Louisiana Court of Appeal
Decided May 20, 2015No. 2014-CA-1392PublishedCited by 8 opinions
1Opinion of the Court
ROSEMARY LEDET, Judge.
| ]This is a breach of contract suit. The narrow issue presented is whether the payment provision in the construction contract between the parties is a “pay-when-paid” clause — a term of payment — or a “pay-if-paid” clause — a suspensive condition.1 The trial court, finding that the contract contained a suspensive condition, sustained the dilatory exception of prematurity filed by the defendant, Rotolo Consultants, Inc. (“RCI”), and dismissed without prejudice the suit filed by the plaintiff, Tymeless Flooring, Inc. (“Tymeless”). From this judgment, Tymeless |2appeals.…
2Cases cited15 opinions
- Royal Ins. v. Romain Motor Co.Louisiana Court of Appeal · 1929
- Cochran v. Pelican Well Tool & Supply Co.Louisiana Court of Appeal · 1926
- The Thos. J. Dyer Company v. Bishop International Engineering Company and General Insurance Company of AmericaCourt of Appeals for the Sixth Circuit · 1962
- MidAmerica Construction Management, Inc. v. MasTec North America, Inc.Court of Appeals for the Tenth Circuit · 2006
- Kevin Associates, LLC v. CrawfordSupreme Court of Louisiana · 2004
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Armstrong Airport Concessions v. K-Squared Restaurant, LLCLouisiana Court of Appeal · 2015
- Boes Iron Works, Inc. v. Gee Cee Group, Inc.Louisiana Court of Appeal · 2016
- Burgess v. ZhengLouisiana Court of Appeal · 2018
- Bayou Orthotic & Prosthetics Ctr., LL.C. v. Morris Bart, L.L.C.Louisiana Court of Appeal · 2018
- A. Zahner company v. McGowan Builders, Inc.Missouri Court of Appeals · 2016
3 more not listed; retrieve them via the Exa API.