Turner Construction entered into a contract to provide general construction of Granby Towers. Turner then entered into

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Turner Construction entered into a contract to provide general construction of Granby Towers. Turner then entered into a subcontract with Universal to install precast concrete floors in the Granby Towers construction project. The general construction contract was incorporated by reference into the subcontract. The contract between Turner and Universal contained a “pay-when-paid provision” that conditioned any payments to Universal on Turner’s first receiving payment from Universal. Due to the economic downturn, financing for the project fell through. Universal had substantially completed all its work by that time, and it sought payment of $885,507 from Turner, which refused to pay because it had not received any payment from the owner of the project. Turner asked the court for summary judgment on Universal’s breach-of-contract claim. Should the court’s grant of summary judgment be upheld? Why or why not?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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