Turner Construction entered into a contract to provide generalconstruction of Granby Towers. Turner then entered into asubcontract with Universal to install precast concrete floors inthe Granby Towers construction project. The general constructioncontract was incorporated by reference into the subcontract. Thecontract between Turner and Universal contained a “pay-when-paidprovision” that conditioned any payments to Universal on Turner’sfirst receiving payment from Universal. Due to the economicdownturn, financing for the project fell through. Universal hadsubstantially completed all its work by that time, and it soughtpayment of $885,507 from Turner, which refused to pay because ithad not received any payment from the owner of the project. Turnerasked the court for summary judgment on Universal’sbreach-of-contract claim. Should the court’s grant of summaryjudgment be upheld? Why or why not? [Universal Concrete Products v.Turner Construction Co., 4th Cir. Case No. 09- 1569 (2010).]
