← 531 SO2D 737 - PACE CONST. CORP. v. OBS Co., Inc.

PACE CONST. CORP. v. OBS Co., Inc.’s Empirical Analysis

1988

Citation profile

cited by 3 later decisions

states following

November 1998

most recently cited

3 state decisions

Relationships

Relies on 353 So. 2d 840 - Peacock Const. Co., Inc. v. Modern Air Conditioning, Inc. · 369 So. 2d 591 - Snead Const. Corp. v. Langerman · 355 So. 2d 785 - Aetna Cas. & Sur. Co. v. WARREN BROS. CO., ETC. · 335 So. 2d 842 - Guin & Hunt, Inc. v. Hughes Supply, Inc. · Wilson, Inc. v. Post-Tensioned Structures

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“final payment shall not become due unless and until ... the following conditions precedent to final payment have been satisfied ... (c) receipt of final payment for subcontractor's work by contractor from owner ...”
2 later decisions quote this exact passage
e.g. 558 So. 2d 404 - OBS Co., Inc. v. Pace Const. Corp. · 538 So. 2d 963 - Dec Elec., Inc. v. Raphael Const. Corp.
“That intent in most cases is that payment by the owner to the general contractor is not a condition precedent to the general contractor's duty to pay the subcontractors. This is because small subcontractors, who must have payment for their work in order to remain in business, will not ordinarily assume the risk of the owner's failure to pay the general contractor. And this is the reason for the majority view in this country, which we now join. Our decision to require judicial interpretation of ambiguous provisions for final payment in subcontracts in favor of subcontractors should not be regarded as anti-general contractor. It is simply a recognition that this is the fairest way to deal with the problem. There is nothing in this opinion, however, to prevent parties to these contracts from shifting the risk of payment failure by the owner to the subcontractor. But in order to make such a shift the contract must unambiguously express that intention. And the burden of clear expression is on the general contractor.”
1 later decision quote this exact passage
e.g. 558 So. 2d 404 - OBS Co., Inc. v. Pace Const. Corp.
“... and as a condition precedent receipt of final payment of Dyser Plumbing and Mechanical from the Owner”
1 later decision quote this exact passage
e.g. 538 So. 2d 963 - Dec Elec., Inc. v. Raphael Const. Corp.

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.