MIDAMERICA CONSTR. MANAGE. v. MASTEC NORTH AMERICA

No. 04-6231.

436 F.3d 1257 (2006)

MIDAMERICA CONSTRUCTION MANAGEMENT, INC., an Oklahoma corporation, Plaintiff-Appellant, v. MASTEC NORTH AMERICA, INC., a Florida corporation, and Renegade of Idaho, Inc., an Idaho corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 8, 2006.


Attorney(s) appearing for the Case

Albert W. Murry, Murry Cox & Murry, Oklahoma City, OK, for Plaintiff-Appellant.

Henry D. Hoss, McAfee & Taft, Oklahoma City, P.C., OK, (Natalie K. Ramsey, McAfee & Taft, Oklahoma City, OK, with him on the brief), for Defendants-Appellees.

Before EBEL and TYMKOVICH, Circuit Judges, and BROWNING, District Judge.


EBEL, Circuit Judge.

In this case, we must determine whether a contract between two defendant general contractors and a plaintiff subcontractor requires the general contractors to pay the subcontractor for the work the subcontractor performed only if the general contractors are first paid on their own contract with the project owner. In making this determination, we address the type of language that constitutes a "pay-if-paid" clause under both Texas and New Mexico...

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