Howard-Green Electrical Co. v. Chaney & James Construction Co.

PARKER, Judge.

Defendant Construction Co. acknowledges that it owes plaintiff a balance of $13,430.45 on account of plaintiff’s completed performance under the subcontract for the electrical work, and the sole dispute between the parties is whether that balance is presently due and payable. The written subcontract between plaintiff and defendant Construction Co. contains the following:

“3. Payments shall be made monthly in accordance with the following procedure:

“(a) On the 25th of each month (or 2 days before the date on which the contractor has agreed to submit its estimate to the owner, if…