Legal Opinion

F & W Welding Service, Inc. v. ADL Contracting Corp.

Supreme Court of Connecticut

Decided February 26, 1991No. 14068PublishedCited by 15 opinions

1Opinion of the CourtGlass, J.

The sole issue in this appeal is whether the money retained (retainage) until completion and acceptance of a contractor’s performance under the terms of a municipal construction contract constitutes a “debt due” for purposes of garnishment under General Statutes § 52-3291 before the contractor completes and the municipality accepts performance. The trial court determined that because the performance of ADL Contracting Corporation (ADL) had not been completed or accepted as required under the unambiguous terms of its contract with the town of Orange (town) at the time that ADL’s creditor, F &…

2Cases cited23 opinions

  1. Barnard v. BarnardSupreme Court of Connecticut · 1990
  2. Lach v. CahillSupreme Court of Connecticut · 1951
  3. Ravitch v. Stollman Poultry Farms, Inc.Supreme Court of Connecticut · 1973
  4. Fico, Inc. v. GhingherCourt of Appeals of Maryland · 1980
  5. Christophersen v. BlountSupreme Court of Connecticut · 1990

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3Cited by15 opinions

  1. PSE Consulting, Inc. v. MercedeSupreme Court of Connecticut · 2004
  2. Bernard C. Duse, Jr. v. International Business MacHines CorporationCourt of Appeals for the Second Circuit · 2001
  3. Sims v. Honda Motor Co.Supreme Court of Connecticut · 1993
  4. K. A. Thompson Electric Co. v. Wesco, Inc.Connecticut Appellate Court · 1992
  5. State v. HamSupreme Court of Connecticut · 2000

10 more not listed; retrieve them via the Exa API.

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