H&J Ditching & Excavating, Inc., was hired by JRSF, LLC, to perform excavating and grading work on
Question:
H&J Ditching & Excavating, Inc., was hired by JRSF, LLC, to perform excavating and grading work on a residential construction project in Tennessee.
Cornerstone Community Bank financed the project with a loan to JRSF. When JRSF defaulted on the loan, Cornerstone took possession of the property. H&J filed a suit in a Tennessee state court against the bank to recover the final payment for the work on its contract. The bank responded that H&J had not received its last payment because it had failed to obtain an engineer’s certificate of completion—a condition under its contract with JRSF. H&J argued that it had completed all the work it had contracted to do. Is H&J entitled to the final payment? Discuss.
Step by Step Answer:
Business Law Text And Exercises
ISBN: 9780357717417
10th Edition
Authors: Roger LeRoy Miller, William E. Hollowell