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UNIVERSAL CONCRETE PRODUCTS v. TURNER CONST. CO.

No. 09-1569.

595 F.3d 527 (2010)

UNIVERSAL CONCRETE PRODUCTS Corporation, Plaintiff-Appellant, v. TURNER CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 19, 2010.

Attorney(s) appearing for the Case

ARGUED: James T. Lang, Pender & Coward, PC, Virginia Beach, Virginia, for Appellant. Jeffrey Mitchell Hummel, Seyfarth & Shaw, LLP, Washington, DC, for Appellee. ON BRIEF: Jack Rephan, Pender & Coward, PC, Virginia Beach, Virginia, for Appellant. Daniel P. Wierzba, Seyfarth & Shaw, LLP, Washington, DC, for Appellee.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge DUNCAN and Judge BLAKE joined.

OPINION

GREGORY, Circuit Judge:

This appeal requires us to consider the applicability and enforceability of a "pay-when-paid" clause agreed to by the parties in this case. Specifically, we must decide whether certain provisions in a prime contract, which the general contractor and a subcontractor incorporated by reference into their subcontract, render an otherwise unambiguous pay-when-paid clause within that subcontract ambiguous. The district court found...

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