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KOCH v. CONSTRUCTION TECHNOLOGY, INC.

924 S.W.2d 68 (1996)

Mark KOCH, d/b/a Commercial Painting Company, Inc., Plaintiff-Appellant, v. CONSTRUCTION TECHNOLOGY, INC., and Fidelity and Deposit Company of Maryland, Defendants-Appellees.

Supreme Court of Tennessee, at Jackson.

May 20, 1996.

Attorney(s) appearing for the Case

Michael I. Less, Scott A. Frick, Less, Getz & Lipman, Memphis, for Plaintiff-Appellant.

Gerald B. Kirksey, Brentwood, Patricia C. Kussman, New Orleans, LA, American Subcontractors Assn. of Middle Tennessee, American Subcontractors Assn. of Western Tennessee, Amicus Curiae.

David A. Velander, Craig M. Beard, Novick, Velander & Anderson, Memphis, for Defendants-Appellees.

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...

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