Question: Shumann Investments Inc Shumann hired Pace Construction Corporation Pace a

Shumann Investments, Inc. (Shumann), hired Pace Construction Corporation (Pace), a general contractor, to build Outlet World of Pasco Country. In turn, Pace hired OBS Company, Inc. (OBS), a subcontractor, to perform the framing, drywall, insulation, and stucco work on the project. The contract between Pace and OBS stipulated, “Final payment shall not become due unless and until the following conditions precedent to final payment have been satisfied . . . (c) receipt of final payment for subcontractor’s work by contractor from owner.” When Shumann refused to pay Pace, Pace refused to pay OBS. OBS sued Pace to recover payment. Who wins? Pace Construction Corporation v. OBS Company, Inc., 531 So. 2d 737, 1988 Fla. App. Lexis 4020 (Court of Appeal of Florida)

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