MidAmerica Construction Management, Inc. v. MasTec North America, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a provision making “all payments to Subcontractor by ; Contractor... expressly contingent upon... payment for the Work by Contractor from Owner” is a “pay-if-paid” clause under Texas law
• explaining that the word “if” is “indicative of the creation of a condition precedent” (citing Black’s Law Dictionary (8th ed. 2004))
• finding provision “[u]pon final acceptance of the Work by Contractor and Owner, Contractor will pay Subcontractor for the Work at the prices and schedule and in the manner described on the Work Order(s
• “In cases like this one, where subject matter jurisdiction is based on diversity of citizenship, federal courts must look to the forum state's choice-of-law rules to determine the effect of a contractual choice-of-law clause.”
• “In cases like this one, where subject matter jurisdiction is based on diversity of citizenship, federal courts must look to the forum state’s choice-of-law rules to determine the effect of a contractual choice-of-law clause.”
• “While no particular words are necessary for the existence of a condition, such terms as ‘if,’ ‘provide that,’ ‘on condition that,’ or some other phrase that conditions performance, usually connote an intent for a condition rather than a promise.”

Source: CourtListener parenthetical corpus (CC0).