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MidAmerica Construction Management v. MasTec North America

436 F.3d 1257 (2006)

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MidAmerica Construction Management v. MasTec North America

United States Court of Appeals for the Tenth Circuit

436 F.3d 1257 (2006)

Facts

MasTec North America, Inc. and Renegade of Idaho, Inc. (contractors) (defendants) were general contractors for PathNet, Inc. The contractors subcontracted some of the work to MidAmerica Construction Management, Inc. (MidAmerica) (plaintiff). The subcontract expressly made all installment payments to MidAmerica contingent upon the contractors’ being paid by PathNet. The contractors stopped paying MidAmerica after PathNet declared bankruptcy and stopped paying them. MidAmerica sued to recover payment for the work it had performed. The federal district court ruled that the contractors did not have to pay MidAmerica unless and until PathNet paid the contractors what they were owed. MidAmerica appealed to the Tenth Circuit.

Rule of Law

Issue

Holding and Reasoning (Ebel, J.)

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