Legal Opinion
Main Electric, Ltd. v. Printz Services Corp.
Supreme Court of Colorado
Decided March 15, 1999No. 97SC601PublishedCited by 30 opinions
1Opinion of the Court
BENDER, Justice.
In this case we interpret the payment provisions of a construction contract to -require a general contractor to pay a subcontractor even though the owner has failed to pay the general contractor. This provision is referred to as a “pay-when-paid” clause. We hold that the “when” of this clause is not a contingency, but rather means that payinent may be delayed. We decline to find that this clause is a “pay-if-paid” clause that excuses the general contractor’s obligation to the subcontractor if the owner does not pay.
In Printz Services Corp. v. Main Electric, Ltd., 949 P.2d 77…
2Cases cited20 opinions
- Peacock Const. Co., Inc. v. Modern Air Conditioning, Inc.Supreme Court of Florida · 1977
- The Thos. J. Dyer Company v. Bishop International Engineering Company and General Insurance Company of AmericaCourt of Appeals for the Sixth Circuit · 1962
- Union Insurance Co. v. HoutzSupreme Court of Colorado · 1994
- People Ex Rel. Gallagher v. District Court Ex Rel. County of ArapahoeSupreme Court of Colorado · 1983
- Charles Ilfeld Company v. TaylorSupreme Court of Colorado · 1964
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3Cited by30 opinions
- Interbank Investments, LLC v. Eagle River Water & Sanitation DistrictColorado Court of Appeals · 2003
- DiFrancesco v. Particle Interconnect Corp.Colorado Court of Appeals · 2001
- USAA v. ParkerSupreme Court of Colorado · 2009
- Evans, Mechwart, Hambleton & Tilton, Inc. v. Triad Architects, Ltd.Ohio Court of Appeals · 2011
- Berg v. Industrial Claim Appeals Office of the StateColorado Court of Appeals · 2005
25 more not listed; retrieve them via the Exa API.