Vratsinas Construction Co. v. Triad Drywall, LLC

Dillard, Judge.

After the completion of a commercial construction project in which the project owner declared bankruptcy, Triad Drywall, LLC (“Triad”), a subcontractor, sued Vratsinas Construction Company (‘VCC”), the general contractor, to recover money owed for its work on the project. VCC defended the lawsuit based upon a “pay-if-paid” provision contained in the parties’ contract, which provided that Triad would not be paid unless and until VCC was first paid by the project owner. The trial court denied VCC’s motions for summary judgment, directed verdict, and judgment notwithstanding the…