Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp. (Slip Opinion)

{¶ 1} In this appeal from the Sixth District Court of Appeals, we consider whether a provision addressing payment of a subcontractor by a general contractor in a contract between appellant, A.E.M. Electric Services Corporation, the general contractor, and appellee, Transtar Electric, Inc., the subcontractor, that uses the term “condition precedent” is sufficient to establish a pay-if-paid payment provision. We hold that the use of the term “condition precedent” is an explicit statement of the parties’ intent to transfer the risk of the project owner’s nonpayment from A.E.M. to Transtar.

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