Evans Mechwart Hambleton & Tilton Inc. v. Triad Architects Ltd.
Court of Appeals of Ohio for the Tenth District Franklin County
965 N.E.2d 1007 (Ohio App. 2011)
Relevant factsFree
Evans Mechwart Hambleton & Tilton Inc. provided civil-engineering services to Triad Architects Ltd. under contracts whose payment clauses tied payment to Triad's receipt of payment from the project owner, Centurion. Centurion cancelled the projects without paying, and Triad refused to pay Evans, sparking a dispute over the clause's meaning.
IssueFree
Whether a payment clause conditioning a contractor's payment on receipt of payment from the owner operates as a 'pay-when-paid' provision or a 'pay-if-paid' condition precedent.
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