Head v. Henry Tyler Const. Corp.

This is an appeal by Beverly P. Head, Jr., and James R. Forman, Jr., from a summary judgment rendered against them in favor of Henry Tyler Construction Corporation ("HTCC") in Jefferson Circuit Court. We affirm.

On May 30, 1985, HTCC entered into a construction contract with Costa and Head (Atrium), Ltd. ("Atrium"), an Alabama limited partnership. The contract provided that HTCC would be compensated on a time and material basis. During the course of construction, HTCC submitted applications for payments, which were paid by Atrium. However, on the final request for payment, Atrium paid HTCC the…