FEDERALCourt of Appeals for the Third Circuit
2010

EBC, Inc. v. Clark Building System, Inc.

618 F.3d 253Court of Appeals for the Third Circuit • Decided 2010Enforced
FLAGSHIPPay-When-PaidFlow-DownCited 361 times

HOLDING

State Steel Supply sued the project owner A&M Composting for unpaid steel after Clark Building Systems failed to pay. State Steel claimed a letter from the owner offering direct payment was a binding contract. The court ruled against State Steel because the supplier's own testimony showed it never actually believed the letter was a binding agreement. This means optional payment offers won't create enforceable obligations unless both parties clearly intend them as contracts.

KEY FINDINGS

Pay-When-Paid

Don't rely on informal letters or emails about payment arrangements—get a signed contract with clear terms before supplying materials

Flow-Down

Your own statements and testimony about what you believed a document meant will be used against you in court, so be consistent and careful

FULL COURT OPINION