Fishman Construction Co. v. Hansen’s Empirical Analysis
1965
Citation profile
2 district · 43 state decisions
How this case has been cited
Cited by 45 later decisions — most recently May 2018 · most notably Okwa v. Harper (2000), 69 Md. App. 325 - Castiglione v. Johns Hopkins Hospital (1986)
2 district · 43 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickler Engineering Corp. v. Seminar, Inc. · Frush v. Brooks · The Thos. J. Dyer Company v. Bishop International Engineering Company and General Insurance Company of America · Mullan Contracting Co. v. International Business MacHines Corp. · Guerassio v. American Bankers Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Although not involving a motion for summary judgment, it is apparent that the decision of this Court in Eastern Constructors v. Fox, supra [ 231 Md. 15 , 188 A. 2d 286 (1963)], is dispositive of the question as to whether the subcontractor was entitled to be paid the balance due him before the owner had paid the general contractor. In that case, where the facts were for the most part the same as those in this case, but where, unlike the present case, it was specifically-agreed that the retained ten per cent was to be paid after final payment was made by the owner, it was held that the subcontractor was entitled to be paid the retained percentage even though final payment had not been made due to a dispute between the owner and the general contractor which did not involve the subcontractor. For similar holdings in other jurisdictions, see Thos. J. Dyer Co. v. Bishop International Eng. Co„ 303 F. 2d 655 (6th Cir. 1962) and Grady v. S. E. Gustafson Constr. Co., 103 N. W. 2d 737 (Iowa 1960). The rationale of those cases was to the effect that sub contractual provisions as to retainages—such as those with which we are concerned in the case at bar—are designed to postpone payments due a subcontractor, who was not at fault, for only a reasonable time after the completion of a project and not for such indefinite time as might preclude the subcontractor from bringing suit on a payment bond for work and materials. See Code (1964 Repl. Vol. 8A), Art. 90, § 11 (d). Since it was not show”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.