Elec-Trol, Inc. v. C.J. Kern Contractors, Inc.
North Carolina Court of Appeals
284 S.E.2d 119 (1981)
Relevant factsFree
Elec-Trol's (plaintiff's) subcontract with Kern (defendant) incorporated the prime contract's provision that the project architect would determine any adjustment amount for additional costs the hospital and Kern couldn't agree on, and after Elec-Trol sued Kern for additional compensation without alleging the architect's determination was made in bad faith, gross mistake, or fraud, the trial court granted Kern summary judgment.
IssueFree
Whether a contract term requiring an architect or engineer's approval before a contractor may be paid is a binding condition precedent to the contractor's payment.