Conditions precedent
The term "conditions precedent" refers to specific requirements that must be fulfilled before certain rights or obligations come into effect under a contract. These conditions are critical for the progression of the contract and typically serve as prerequisites for subsequent actions or events. They ensure that essential requirements are met before the project progresses, protecting both parties and facilitating a smoother contractual relationship.
Examples might include:
- Obtaining planning permission or building regulations approval.
- Securing financing or performance bonds.
- Providing proof of insurance coverage.
- Completion of preliminary surveys or site investigations.
Conditions precedent must be met before a party is obliged to perform their part of the contract. For example, a contractor may not be required to start work until the employer has provided proof of financing. They must be clearly defined in the contract, specifying what needs to be done, by whom, and within what time frame. These conditions can include obtaining necessary permits, approvals, or insurance.
Failure to satisfy a condition precedent can result in the contract not becoming effective, or in some cases, it may provide grounds for one party to terminate the contract.
[edit] Related articles on Designing Buildings
Featured articles and news
How can digital twins boost profitability within construction?
A brief description of a smart construction dashboard, collecting as-built data, as a s site changes forming an accurate digital twin.
Unlocking surplus public defence land and more to speed up the delivery of housing.
The Planning and Infrastructure bill oulined
With reactions from IHBC and others on its potential impacts.
Farnborough College Unveils its Half-house for Sustainable Construction Training.
Spring Statement 2025 with reactions from industry
Confirming previously announced funding, and welfare changes amid adjusted growth forecast.
Scottish Government responds to Grenfell report
As fund for unsafe cladding assessments is launched.
CLC and BSR process map for HRB approvals
One of the initial outputs of their weekly BSR meetings.
Architects Academy at an insulation manufacturing facility
Programme of technical engagement for aspiring designers.
Building Safety Levy technical consultation response
Details of the planned levy now due in 2026.
Great British Energy install solar on school and NHS sites
200 schools and 200 NHS sites to get solar systems, as first project of the newly formed government initiative.
600 million for 60,000 more skilled construction workers
Announced by Treasury ahead of the Spring Statement.
The restoration of the novelist’s birthplace in Eastwood.
Life Critical Fire Safety External Wall System LCFS EWS
Breaking down what is meant by this now often used term.
PAC report on the Remediation of Dangerous Cladding
Recommendations on workforce, transparency, support, insurance, funding, fraud and mismanagement.
New towns, expanded settlements and housing delivery
Modular inquiry asks if new towns and expanded settlements are an effective means of delivering housing.
Building Engineering Business Survey Q1 2025
Survey shows growth remains flat as skill shortages and volatile pricing persist.