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
Buildings that changed the future of architecture. Book review.
The Sustainability Pathfinder© Handbook
Built environment agency launches free Pathfinder© tool to help businesses progress sustainability strategies.
Government outcome to the late payment consultation, ECA reacts.
IHBC 2025 Gus Astley Student Award winners
Work on the role of hewing in UK historic conservation a win for Jack Parker of Oxford Brookes University.
Future Homes Building Standards and plug-in solar
Parts F and L amendments, the availability of solar panels and industry responses.
How later living housing can help solve the housing crisis
Unlocking homes, unlocking lives.
Preparing safety case reports for HRBs under the BSA
A new practical guide to preparing structural inputs for safety cases and safety case reports published by IStructE.
Male construction workers and prostate cancer
CIOB and Prostate Cancer UK encourage awareness of prostate cancer risks, and what to do about it.
The changed R&D tax landscape for Architects
Specialist gives a recap on tax changes for Research and Development, via the ACA newsletter.
Structured product data as a competitive advantage
NBS explain why accessible product data that works across digital systems is key.
Welsh retrofit workforce assessment
Welsh Government report confirms Wales faces major electrical skills shortage, warns ECA.
A now architectural practice looks back at its concept project for a sustainable oceanic settlement 25 years on.
Copyright and Artificial Intelligence
Government report and back track on copyright opt out for AI training but no clear preferred alternative as yet.
Embedding AI tools into architectural education
Beyond the render: LMU share how student led research is shaping the future of visualisation workflows.
Why document control still fails UK construction projects
A Chartered Quantity Surveyor explains what needs to change and how.
Inspiration for a new 2026 wave of Irish construction professionals.
New planning reforms and Warm Homes Bill
Take centre stage at UK Construction Week London.