Universal Concrete Products Corp. v. Turner Construction Co.
595 F.3d 527 (4th Cir. Feb. 19, 2010)

Universal Concrete Products Corp. (“Universal”) sued Turner Construction Co. (“Turner”) for breach of contract and several other claims seeking payment for $885,507 worth of precast concrete work Universal had completed at the Granby Tower construction project in Norfolk, Virginia (“Project”).

Universal had entered into a written subcontract with Turner for the installation of precast concrete at the Project. Turner had a prime contract with the project owner’s to provide general construction work on the Project. The Project fell through in March 2008 when the owner could no longer finance it. By that point, however, Universal had already substantially completed all of its work at the Project. Turner, however, had not paid Universal for any of the work performed because Turner had not yet been paid by the owner. When Universal sought payment from Turner for the work performed, Turner refused citing a pay-when-paid provision in the subcontract.