Opinion
No. 88-2142.
July 7, 1989. Rehearing Denied September 13, 1989.
Appeal from the Circuit Court for Broward County, J. Leonard Fleet, J.
Gloria O. North of Mattlin, McClosky North, Boca Raton, for appellant.
Alexander J. Williams, Jr. of Chappell Brandt, P.A., Fort Lauderdale, for appellee.
AFFIRMED. We find that there is competent, substantial evidence in the record to support the trial court's conclusion that the appellant-contractor failed to notify the appellee-subcontractor of the owner's instructions to stop work on the project. Based upon that factual finding we find no error in the trial court's holding that the appellant is responsible to the appellee for work done after the stop work order was issued, and is not entitled to rely on a contractual provision conditioning its obligation to pay on its receipted payment from the owner. Cf. Peacock Construction Company v. Modern Air Conditioning Inc., 353 So.2d 840 (Fla. 1977).
ANSTEAD, LETTS and STONE, JJ., concur.