Meyers, Roman, Friedberg & Lewis, R. Russell O'Rourke , and Debra J. Horn , for amici curiae, American Subcontractors Association, Inc., American Subcontractors Association of Ohio, Inc., and Ohio/Michigan National Electric Contractors Association.
Supreme Court of Ohio.
KENNEDY, J.
{¶ 1} In this appeal from the Sixth District Court of Appeals, we consider whether a provision addressing payment of a subcontractor by a general contractor in a contract between appellant, A.E.M. Electric Services Corporation, the general contractor, and appellee, Transtar Electric, Inc., the subcontractor, that uses the term "condition precedent" is sufficient to establish a pay-if-paid payment provision. We hold that the...
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