HARVEY CONCRETE v. AGRO CONST. & SUPPLY

No. 1 CA-CV 96-0238.

939 P.2d 811 (1997)

189 Ariz. 178

L. HARVEY CONCRETE, INC., an Arizona corporation, Plaintiff-Appellant, v. AGRO CONSTRUCTION & SUPPLY COMPANY, dba Agate Construction; Fireman's Fund Insurance Company, a California corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

June 19, 1997.


Attorney(s) appearing for the Case

Mark L. Collins, Tucson, for Plaintiff-Appellant.

Jennings & Haug by Jeff R. Wilhelm, Phoenix, for Defendants-Appellees.


OPINION

PATTERSON, Judge.

In this appeal we must determine whether a particular "pay-when-paid" provision in an agreement between a contractor and subcontractor is effective as a condition precedent to excuse the contractor from paying the subcontractor where a corresponding payment was not received by the contractor from the owner. The trial court granted summary judgment for the contractor, concluding as a matter of law that the language created a condition...

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