J.J. SHANE, INC. V. AETNA CAS. & SURETY CO.
723 So.2d 302 (1998)
NATURE OF THE CASE: This was a dispute between a contractor and his sub.
FACTS: J.J. (P) was a subcontractor to Recchi America (D) during the construction of a
People Mover in downtown Miami. The project was owned by Metro Dade County. P sued D when D
failed to make a complete payment for P's work. The dispute was Article XIII in the contract
detailing the method of payment: see page 434 Calamari 3rd. D maintained that its obligation
to pay was conditioned upon receipt of payment from the owner. D is currently embroiled in
litigation with the owner for payment for the project. P asserts that the term is ambiguous
and must be construed to require payment within a reasonable time. D got the verdict and P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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