Contracts Keyed to Fuller
Koch v. Construction Technology, Inc.
Construction Technology, Inc. (Defendant) subcontracted the painting portion of a Memphis Housing Authority (MHA) construction project to Koch (Plaintiff). The subcontract included a “pay when paid” clause, which provided, in part, that “payments subject to all applicable provisions of the Contract shall be made when and as payments are received by the Contractor.” After Plaintiff completed all his work, Defendant paid him $148,110.96 but refused to make additional payments because the MHA had not yet paid Defendant in full. Plaintiff sued for breach of contract. Defendant alleged that it was not obligated to pay Plaintiff because payment by MHA is a condition precedent to Defendant’s obligation to pay Plaintiff. The trial court refused to award Plaintiff the full amount due him under the subcontract. The court of appeals affirmed the judgment, holding that the “pay when paid” clause was a condition precedent to Defendant’s obligations to Plaintiff.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.