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MAIN ELEC., LTD. v. PRINTZ SERVICES CORP.

No. 97SC601.

980 P.2d 522 (1999)

MAIN ELECTRIC, LTD.; and Connie J. Sullivan-Brown d/b/a C.J. Masonry, Petitioners, v. PRINTZ SERVICES CORPORATION, a Colorado corporation, d/b/a T.L. Printz Constructors, Respondent.

Supreme Court of Colorado, En Banc.

March 15, 1999.

Attorney(s) appearing for the Case

Warren, Mundt & Martin, P.C., Robert B. Warren, Colorado Springs, Colorado, Attorneys for Petitioner Main Electric, Ltd.

Hendricks, Hendricks & Shakes, P.C., David L. Shakes, Davyne A. Ryals, Colorado Springs, Colorado, Attorneys for Petitioner Connie J. Sullivan-Brown d/b/a C.J. Masonry.

Holland & Hart, LLP

David S. Prince, Elaine H. Turner, Colorado Springs, Colorado, Attorneys for Respondent.

Hall & Evans, L.L.C., Jeffrey B. Stalder, Denver, Colorado, Attorneys for Amicus Curiae R.N. Robinson & Son, Inc.

Woodrow & Gruskin, Professional Corporation, Mark D. Gruskin, Denise LaBier Pilkington, Denver, Colorado, Attorneys for Amicus Curiae American Subcontractors Association.

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 payment may be delayed. We decline to find that this clause is a "pay-if-paid" clause that excuses the general contractor...

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