Tag Archives: payment dispute

Arizona Court of Appeals Rules Prompt Payment Act Does Not Apply To Design Professionals When Performing Normal Architectural and Engineering Services

RSP Architects, Ltd. v. Five Star Dev. Resort Communities, LLC 306 P.3d 93 (Ariz. Ct. App. 2013) This action arose from a payment dispute on a construction project where an architectural firm, RSP Architects, Ltd. (“RSP”), contracted with a developer, … Continue reading

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Indiana Court Holds Subcontractor Subject to Prime Contract Claim Notice Requirement via Flow-Down Provision – Its Claims Were Presented Too Late

Weigand Construction Co., Inc. v. Stephens Fabrication, Inc. 2010 Ind. App. LEXIS 1109 (Ind. Ct. App. June 25, 2010) Ball State University (BSU) contracted with Weigand Construction Co. (“Weigand) to act as the general contractor for its Music Instruction Building … Continue reading

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U.S. District Court in Ohio Rejects Claims Against Lenders Based on Theory That They Induced Contractor to Continue to Perform by Representing and Promising That It Would Be Paid

GEM Industrial, Inc. v. Sun Trust Bank 2010 U.S. Dist. LEXIS 31042 (N.D. Ohio Mar. 31, 2010) The United States District Court for the Northern District of Ohio denied a contractor’s claims against a project’s lenders, where the contractor’s claims … Continue reading

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Pennsylvania Court Requires Strict Compliance With Conditions Precedent to Payment on Public Contract; Construes Attorneys Fee-Shifting Provision in “No Damage for Delay” Clause

Boro Construction, Inc. v. Ridley School Dist. 2010 Pa. Commw. LEXIS 124 (Pa. Commw. Ct. Mar. 8, 2010) The Pennsylvania Commonwealth Court ruled that where a contractor failed to submit an application for final payment, a school district was excused … Continue reading

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U.S. Court Of Appeals for the Fourth Circuit Holds Pay-When-Paid Clause Valid and Enforceable, Excusing General Contractor From Paying Subcontractor Until Payment Received From Owner

Universal Concrete Products Corp. v. Turner Construction Co. 595 F.3d 527 (4th Cir. Feb. 19, 2010) Universal Concrete Products Corp. (“Universal”) sued Turner Construction Co. (“Turner”) for breach of contract and several other claims seeking payment for $885,507 worth of … Continue reading

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