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JPC MERGER v. TRICON ENTERPRISES

DOCKET NO. A-2893-21.

286 A.3d 1186 (2022)

474 N.J. Super. 145

JPC MERGER SUB LLC, d/b/a Jersey Precast, Plaintiff-Appellant, v. TRICON ENTERPRISES, INC., County of Union, and QBE Insurance Corporation, d/b/a QBE Surety, Defendants-Respondents, and QBE Insurance, d/b/a QBE Surety, Third-Party Plaintiff/Respondent, v. Tricon Enterprises, Inc., Tricon Management, LLC, New Ventures, LLC, and Denise Petrizzo, Third-Party Defendants/Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 2022.

Attorney(s) appearing for the Case

Greg Trif argued the cause for appellant (Trif & Modugno LLC, attorneys; Greg Trif and Brendan W. Carroll , of counsel and on the briefs).

Gary Strong argued the cause for respondent QBE Insurance Corporation, d/b/a QBE Surety (Gfeller Laurie LLP, attorneys; Gary Strong, of counsel; Madison E. Calkins , on the brief).

Emilie T. Ngo , Second Deputy County Counsel, argued the cause for respondent County of Union ( Bruce H. Bergen , Union County Counsel, attorney; Emilie T. Ngo, on the statement in lieu of brief).

Before Judges Haas, Gooden Brown and Mitterhoff.

The opinion of the court was delivered by

The crux of this dispute is the enforceability of a "pay-if-paid" provision in a construction contract and the applicability of the "knock-out" rule when unilateral modifications are made to the contract. "In construction contract parlance," a pay-if-paid provision "means that...

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