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TYMELESS FLOORING v. ROTOLO CONSULTANTS

No. 2014-CA-1392.

172 So.3d 145 (2015)

TYMELESS FLOORING, INC. v. ROTOLO CONSULTANTS, INC. and Fidelity Deposit Company of Maryland.

Court of Appeal of Louisiana, Fourth Circuit.

May 20, 2015.

Attorney(s) appearing for the Case

Wayne J. Jablonowski , Law Office of Wayne J. Jablonowski, APLC, Slidell, LA, for Plaintiff/Appellant.

John R. Walker , Bailey D. Morse , Jones, Fussell, L.L.P., Covington, LA, for Defendant/Appellee.

(Court composed of Chief Judge JAMES F. McKAY, III, Judge DANIEL L. DYSART, Judge ROSEMARY LEDET).

This is a breach of contract suit. The narrow issue presented is whether the payment provision in the construction contract between the parties is a "pay-when-paid" clause — a term of payment — or a "pay-if-paid" clause — a suspensive condition.1 The trial court, finding that...

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