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petitioner. The type and quality of the concrete was specified
by the builder's plans. When the concrete arrived at the
developer's building site, either petitioner or a quality control
technician in the employ of the developer could reject the batch.
However, if petitioner was willing to accept the batch, but the
quality control technician determined that the batch should be
rejected, the batch would be rejected. The quality control
technician took a sample of the concrete batch during the pour
for a "slump test". The developer had 45 days after taking the
sample to reject the concrete if it failed the test.
D. Billing and Payment
After the sand and drain rock had been spread, the hardware
items installed, and the concrete poured and finished, petitioner
received an invoice for the cost of the materials and a lien
release, which also stated the cost of the materials, from each
of the materials suppliers. At the end of the month, petitioner
submitted the suppliers’ lien releases and a single invoice for
the cost of the completed work to the developer for payment. The
invoice did not itemize the costs of the labor and material or
the amount of the profit.
The developer paid for the construction work in a two-part
process. First, the developer issued a joint check made payable
to petitioner and each supplier for the cost of the materials as
stated on each suppliers’ lien release and invoice. Petitioner
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Last modified: May 25, 2011