D. I. Corbett Elec., Inc. v. Venture Const. Co.
| Decision Date | 30 November 1976 |
| Docket Number | No. 1,No. 53064,53064,1 |
| Citation | 140 Ga.App. 586,231 S.E.2d 536 |
| Parties | D.I. CORBETT ELECTRIC, INC. v. VENTURE CONSTRUCTION COMPANY |
| Court | Georgia Court of Appeals |
Smith, Currie & Hancock, Kent B. Smith, Robert D. Marshall, Atlanta, for appellant.
Huie, Ware, Sterne, Brown & Ide, C. Wilson Dubose, Terrence L. Croft, Atlanta, for appellee.
The appellant sued the appellee for the amount allegedly due on a construction subcontract. The appellant, an electrical and heating/air conditioning subcontractor, entered into a contract with the appellee, a general contractor, to do electrical and heating/air conditioning work on an apartment complex. Their contract said, 'Final payment shall be made within 30 days after the completion of the work included in this subcontract, written acceptance of same by the Architect and Owner, or their authorized representatives, and full payment therefor by the Owner.' In its case in chief, the appellant did not introduce evidence either of written acceptance by the architect and owner or of full payment by the owner. Holding that such acceptance and payment were conditions precedent to the appellant's remuneration under the contract, a verdict in the appellee's favor was directed by the trial judge, from which judgment the appellant appeals.
1. The appellant first contends that acceptance and payment under the contract are not conditions precedent to final payment for the appellant, but merely set a time for him to be paid. In a case dealing with an almost identical contractual provision, Peacock Const. Co. v. West, 111 Ga.App. 604, 142 S.E.2d 332 (1965), this court held the appellant's argument to be meritless, stating that 'the plain and unambiguous language of the agreement' made the terms in issue conditions precedent to the appellee's liability for final payment of the contract price. 111 Ga.App. at 606, 142 S.E.2d at 333.
2. The appellant did offer in evidence, however, a letter, which it claims was sufficient to present a jury issue. The material portion of this letter from the appellee to the appellant reads, 'For future payments on each of the above referenced Subcontracts, our invoicing will need to be handled in such a manner that we pay for a complete building with each invoice and make only three payments per building; the first being for roughing for which a roughing inspection will be necessary; the second being for trim for which a final inspection will be necessary; and the third being for release of retainage which will be done in a reasonable length of time after all punch out work is...
To continue reading
Request your trial
-
Vratsinas Construction Company v. Triad Drywall, LLC.
...(same) (quoting Berman v. Fraternities Health & Acc. Ass'n, 107 Me. 368, 78 A. 462, 464 (1910)—the case from which this language originates). 9.D.I. Corbett Electric, Inc. v. Venture Constr. Co., 140 Ga.App. 586, 588(2), 231 S.E.2d 536 (1976) (punctuation omitted); see also Plumer v. Contin......
-
Associated Mechanical Corp. v. Eby Construction, 5:95-CV-94-3 (WDO).
...210 S.E.2d 34 (1974); Jerome Distributors v. B.L.I. Constr. Co., 142 Ga.App. 776, 237 S.E.2d 13 (1977); D.I. Corbett Elec. v. Venture Constr., 140 Ga.App. 586, 231 S.E.2d 536 (1976)); Jerome Distributors, Inc., 142 Ga. App. 776, 237 S.E.2d 13 (1977) (affirming the finding that a subcontract......
-
Rockwell Intern. Corp. v. Riddick
...this conduct is possible. Jones v. Roberts Marble Co., 90 Ga.App. 830, 832, 84 S.E.2d 469 (1954); D.I. Corbett Elec., Inc. v. Venture Constr. Co., 140 Ga.App. 586, 588, 231 S.E.2d 536 (1976). Plaintiff has cited the court no case, however, to indicate as plaintiff argues that such a situati......
-
Vinings Bank v. Homeland Cmty. Bank
...known particular right or benefit as to exclude any other reasonable explanation.'" Id. (quoting D.I. Corbette Elec., Inc. v. Venture Constr. Co., 231 S.E.2d 536, 538 (Ga. Ct. App. 1976)). When, as here, the facts establishing the waiver are undisputed, "waiver becomes a question of law." I......
-
Real Property - T. Daniel Brannan and William J. Sheppard
...1997). 206. Id. Sec. 44-14-361.1(a)(4) (1996). 207. Id. Sec. 44-14-361.1(a)(4). 208. See D.I. Corbett Elec, Inc. v. Venture Constr. Co., 140 Ga. App. 586, 231 S.E.2d 536, 537 (1976) (subcontract provided final payment to subcontractor was to be made "'within 30 days after completion of the ......