Legal Opinion
Universal Concrete Products Corp. v. Turner Construction Co.
Court of Appeals for the Fourth Circuit
Decided February 19, 2010No. 09-1569PublishedCited by 4 opinions
1Opinion of the Court
Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge DUNCAN and Judge BLAKE joined.
OPINION
GREGORY, Circuit Judge:
This appeal requires us to consider the applicability and enforceability of a “pay-when-paid” clause agreed to by the parties in this case. Specifically, we must decide whether certain provisions in a prime contract, which the general contractor and a subcontractor incorporated by reference into their subcontract, render an otherwise unambiguous pay-when-paid clause within that subcontract ambiguous. The district court found that they did not. We affirm.
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In…
2Cases cited9 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- St. Paul Fire & Marine Insurance Company v. Cecil B. Jacobson, Jr. Reproductive Genetics Center, LimitedCourt of Appeals for the Fourth Circuit · 1995
- OBS Co., Inc. v. Pace Const. Corp.Supreme Court of Florida · 1990
- Galloway Corp. v. S.B. Ballard Construction Co.Supreme Court of Virginia · 1995
- Moore Brothers Company v. Brown & Root, Incorporated, and Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P., Third Party Moore Brothers Company v. Highlands Insurance Company, and Brown & Root, Incorporated, and Toll Road Investors Partnership Ii, L.P., Third Party Moore Brothers Company v. Brown & Root, Incorporated Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P., Third Party Lane Construction Corporation v. Brown & Root, Incorporated, and Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third Party Lane Construction Corporation v. Highlands Insurance Company, and Brown & Root, Incorporated, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third Party Lane Construction Corporation v. Brown & Root, Incorporated Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third PartyCourt of Appeals for the Third Circuit · 2000
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3Cited by4 opinions
- Levin v. Alms and Associates, Inc.Court of Appeals for the Fourth Circuit · 2011
- Parkway 1046, LLC v. U. S. Home CorporationCourt of Appeals for the Fourth Circuit · 2020
- United States ex rel. Tusco, Inc. v. Clark Construction Group, LLCDistrict Court, D. Maryland · 2016
- Traxys North America LLC v. Concept Mining IncorporatedCourt of Appeals for the Fourth Circuit · 2013