J.J. Shane, Inc. v. Aetna Cas. & Surety Co.

723 So.2d 302 (1998)

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Nature of the Case

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Facts

J.J. (P) was a subcontractor to Recchi America (D) during the construction of a People Mover in downtown Miami. The project was owned by Metro Dade County. P sued D when D failed to make a complete payment for P's work. The dispute was Article XIII in the contract detailing the method of payment: see page 434 Calamari 3rd. D maintained that its obligation to pay was conditioned upon receipt of payment from the owner. D is currently embroiled in litigation with the owner for payment for the project. P asserts that the term is ambiguous and must be construed to require payment within a reasonable time. D got the verdict and P appealed.