L. Harvey Concrete, Inc. v. Agro Construction & Supply Co.

OPINION

PATTERSON, Judge.

In this appeal we must determine whether a particular “pay-when-paid” provision in an agreement between a contractor and subcontractor is effective as a condition precedent to excuse the contractor from paying the subcontractor where a corresponding payment was not received by the contractor from the owner. The trial court granted summary judgment for the contractor, concluding as a matter of law that the language created a condition precedent and that the condition had not been satisfied. For the reasons explained herein, we agree with the trial court that a condition…