United States Tenth Circuit

Summary judgment for defendants, general contractors, on a breach of contract claim brought for refusal to pay for work performed by plaintiff, subcontractor, is affirmed where: 1) the contract contained a "pay-if-paid" clause; 2) the clause was enforceable under Texas and New Mexico law; and 3) defendants need not pay plaintiff at present since they have not been paid by the project owner.

Appellate Information

• Decided 02/09/2006
• Published 02/09/2006

Judges

• EBEL, Circuit Judge., Before EBEL and TYMKOVICH, Circuit Judges, and BROWNING, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Albert W. Murry, Murry Cox & Murry, Oklahoma City, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Henry D. Hoss, McAfee & Taft, Oklahoma City, P.C., OK, (Natalie K. Ramsey, McAfee & Taft, Oklahoma City, OK, with him on the brief), for Defendants-Appellees.