WM. R. CLARKE CORPORATION, Plaintiff and Respondent,
v.
SAFECO INSURANCE COMPANY OF AMERICA, Defendant and Appellant. CHURCH AND LARSEN, INC., Plaintiff and Respondent,
v.
SAFECO INSURANCE COMPANY OF AMERICA, Defendant and Appellant. BARSOTTI'S INC., Plaintiff and Appellant,
v.
KELLER CONSTRUCTION CO., LTD., et al., Defendants and Appellants. GARVIN FIRE PROTECTION SYSTEMS, INC., Plaintiff and Appellant,
v.
SAFECO INSURANCE COMPANY OF AMERICA, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
June 26, 1997.
June 26, 1997.
Attorney(s) appearing for the Case
COUNSEL
Crawford, Bacon, Bangs & Briesemeister, Crawford & Bangs, William J. Crawford, Orville O. Orr, Jr., E. Scott Holbrook, Jr., Daniel Colner, Case, Knowlson, Mobley, Burnett & Luber, Ginsburg, Stephan, Oringher & Richman and Gary S. Mobley for Plaintiffs and Appellants.
Haight, Brown & Bonesteel, Roy G. Weatherup, Armando M. Galvan, Rivers & Bower, Hornberger & Criswell, David E. Bower, David Berry and Michael C. Denlinger for Defendants and Appellants.
Bryan Cave, Farella, Braun & Martel, Alan E. Harris, Norma G. Formanek, Busch & Berger, Clark H. Cameron, Knecht, Haley, Lawrence & Smith,
John L. Condrey, Bevington, Jackl & Gropman, Bevington, Jackl & Haas and Anne M. Bevington as Amici Curiae on behalf of Defendants and Appellants.
Tyre, Kamins, Katz & Granof, Herman S. Palarz, Richard J. Kamins, Negele & Gropman and Ted R. Gropman for Plaintiffs and Respondents.
Abdulaziz & Grossbart, Sam K. Abdulaziz, Hendrick, Phillips, Schemm & Salzman, Cook, Brown, Rediger & Prager, Ronald W. Brown, Mantalica & Treadwell and Mark A. Treadwell as Amici Curiae on behalf of Plaintiffs and Respondents and Plaintiffs and Appellants.
Supreme Court of California.
OPINION
KENNARD, J.
In recent years, general contractors in California have begun to insert "pay if paid" provisions into their agreements with subcontractors. A pay if paid provision makes payment by the owner to the general contractor a condition precedent1 to the general contractor's obligation to pay the subcontractor for work the subcontractor has performed.
In other jurisdictions, the majority...
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