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)
Evans, Mechwart, Hambleton & Tilton, Inc. (Evans) (plaintiff) entered into two subcontracts to provide civil engineering services to Triad Architects, Ltd. (Triad) (defendant) in connection with two contracts that Triad had with Centurion Development Group, LLC (Centurion). The contracts between Evans and Triad contained a two payment provisions. The first stated that Triad “shall pay [Evans] in proportion to amounts received from [Centurion] which are attributable to [Evans’s] services rendered.” The second stated that Evans “shall be paid for their [sic] services under this Agreement within ten (10) working days after” Triad receives payment from Centurion. Evans substantially performed all of its duties under the contracts, but Centurion cancelled both projects and did not pay Triad. As a result, Triad did not pay Evans and claimed that it was not required to because of Centurion’s nonpayment. Both parties moved for summary judgment. The Franklin County Court of Common Pleas granted Triad’s motion for summary judgment. Evans appealed.
Rule of Law
Holding and Reasoning (Klatt, J.)
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