Main Electric, Ltd. v. Printz Services Corp.
Colorado Supreme Court
980 P.2d 522 (1999)
Printz Services Corporation (Printz) (defendant), a general contractor on a casino construction project, sub-contracted a portion of the work to C.J. Masonry and Main Electric, Ltd. (plaintiffs). Under the terms of the contract signed by the parties, plaintiffs were to be paid by Printz provided “like payment shall have been made by Owner” to Printz. Thereafter, the owner became insolvent, lost the casino property in foreclosure, and failed to pay Printz for the work performed on the project. Printz refused to pay plaintiffs. Plaintiffs filed suit against Printz for breach of contract. Printz argued that it was only required to pay plaintiffs if it was first paid by the owner. The trial court disagreed and held in favor of plaintiffs. Printz appealed. The court of appeals reversed and held that the contract clause requiring payment from the owner to Printz was an unfulfilled condition precedent to Printz’s obligation to pay plaintiffs. Plaintiffs appealed.
Rule of Law
Holding and Reasoning (Bender, J.)
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