Royal Manor Apartments v. Powell

George Rose Smith, Justice.

This is a dispute between a general contractor and one of its subcontractors. In 1973 the principal appellant, Professional Builders & Realty Company, a corporation owned by Leonard Coyle, was the general contractor engaged in the construction of the Royal Manor Apartments, in Jefferson county. Coyle orally subcontracted the foundation and carpentry work to the appellee, B.J. Powell, for the total sum of $112,000.

Under the agreement Powell was entitled to request part payments or “draws” as the work progressed. Powell’s first three draws, totaling $52,148, were duly…