Peacock Construction Co., Inc. v. Modern Air Conditioning, Inc.

353 So. 2d 840 (Fla. 1977).

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Nature of the Case

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Facts

Modern Air Conditioning (P) and Overly Manufacturing (P1) subcontracted with Peacock (D), to do the heating/air conditioning and swimming pool work for a condominium project. The written subcontracts provided that D would make final payment to the subcontractors within 30 days of completion, written acceptance by the architect and full payment by the owner. When the subcontractors completed the work, D did not pay them because the owner had not paid in full. P and P1 sued for payment in separate suits. D claimed that payment by the owner was a condition precedent to payment to the subcontractors. The trial judge disagreed and granted summary judgment for both Ps, and the court of appeals affirmed. The state supreme court granted certiorari.