Koch v. Construction Technology, Inc.

OPINION

DROWOTA, Justice.

This case involves a contract dispute between Mark Koch (d/b/a Commercial Painting Company, Inc.) and Construction Technology, Inc., (CTI), the former a painting subcontractor and the latter the general contractor on a construction project owned by the Memphis Housing Authority (MHA). The issues for our determination are as follows: (1) whether the Court of Appeals erred in construing the “pay when paid” clause in the subcontract as a condition precedent, thereby making Koch’s right to payment dependent upon CTI’s receipt of payment from MHA; and (2) whether the Court…