MidAmerica Construction Management, Inc. v. MasTec North America, Inc.

EBEL, Circuit Judge.

In this case, we must determine'whether a contract between two defendant general contractors and a plaintiff subcontractor requires the general contractors to pay the subcontractor for the work the subcontractor performed only if the general contractors are first paid on their own contract with the project owner. In making this determination, we address the type of language that constitutes a “pay-if-paid” clause under both Texas and New Mexico law in a contract for a private-sector construction project.

We AFFIRM the district court’s grant of summary judgment to Defendants…