International Engineering Services, Inc. v. Scherer Construction & Engineering of Central Florida, LLC

International Engineering Services, Inc. (“IES”) timely appeals the entry of a final summary judgment in favor of Scherer Construction & Engineering (“Scherer”) on its breach of contract claim. The lower court entered summary judgment in favor of Scherer based upon a pay-when-paid clause in the subcontract agreement between IES, the subcontractor, and Scherer, the general contractor. On appeal, IES contends that the pay-when-paid clause in the subcontract is ambiguous and, therefore, is not enforceable. It also contends that if the clause is found to be unambiguous, then it becomes ambiguous…