A. Zahner company v. McGowan Builders, Inc.

VICTOR C. HOWARD, JUDGE

A. Zahner Company (“Zahner”) appeals the judgment of the trial court denying prejudgment interest and attorney fees in its breach of contract action against McGowan Builders, Inc, (“McGowan”). McGowan cross appeals the trial court’s ruling that the contract did not unambiguously make receipt of payment from the owner of the project by McGowan a condition precedent to its obligation to pay Zah-ner and the court’s resultant exclusion of evidence and testimony regarding the contract provision that McGowan alleged created such condition. The judgment is reversed and the…