Evans, Mechwart, Hambleton, & Tilton, Inc. v. Triad Architects, Ltd

965 N.E.2d 1007 (Ohio App. 2011)

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Nature of the Case

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Facts

D entered into an agreement with Centurion to provide architectural and engineering plans for a residential development. D and P executed a contract where D agreed to pay P $128,550 for environmental and engineering due diligence work, surveys, development plans, as well as additional specified services. Centurion hired D on another development project. D turned to P for the civil engineering work on the project and D agreed to pay P $60,200 for a construction plan, landscape plan, topographical survey, geotechnical investigation, and other services. P and D used AIA Standard Form of Agreements. Both contracts provided: §12.5 Payments to the Consultant shall be made promptly after the Architect is paid by the Owner under the Prime Agreement. The Architect shall exert reasonable and diligent efforts to collect prompt payment from the Owner. The Architect shall pay the Consultant in proportion to amounts received from the Owner which are attributable to the Consultant's services rendered. P and D added the following term: §13.4.3 * * * The Consultant shall be paid for their services under this Agreement within ten (10) working days after receipt by the Architect from the Owner of payment for the services performed by the Consultant on behalf of their Part of the Project. P billed D for $150,482.29. Centurion canceled both projects and D was never paid. D refused to pay P. P sued, and both parties moved for summary judgment. The trial court ruled for D and P appealed.