22.04.2021

Condition Precedent, what does it mean and how does it effect you?

 Show Interest

Condition Precedent, what does it mean and how…

 Show Interest
A condition precedent is an event which must occur, before performance under a contract becomes due, i.e. before a contractual duty exists. 

Or as recently found in a sub-contract I was reviewing

"The Sub-Contractor shall liaise with the Contractor throughout the Sub-Contractor’s performance of his obligations under this Sub-Contract and give (within 14 days’ of a matter becoming reasonably apparent) written notice to the Contractor of any matter which could increase the Final Sub-Contract Sum, delay or disrupt the progress of the Sub-Contract Works (or the design of the Sub-Contract Works), and/or impair the quality and/or performance of the completed Sub-Contract Works and which an experienced Sub-Contractor acting competently and diligently could have foreseen (including without limitation in relation to the financial standing and/or performance of any sub-Sub-Contractor).

The Sub-Contractor shall co-operate with any reasonable measures proposed by the Contractor to avoid and/or reduce the effect of any matters notified by the Sub-Contractor and/or identified by the Contractor and agree actions to implement such avoidance and/or reduction.  Compliance by the Sub-Contractor with the timescale for notification set out in this clause 2.4C shall be a condition precedent to the Sub-Contractor’s entitlement to claim an extension of time for the completion of the Sub-Contract Works and/or an adjustment to the Sub-Contract Sum."

So if the notice of delay isn`t issued within 14 days then the main contractor can refuse an extension of time and any cost incurred.

Do you know what`s in your contract and the implications of what your client is both asking off you and also telling you how to act? what would you rather be, accused of being contractual or covered under the contract??

Do you need assistance reviewing your contracts? we can help

  • Subcontract review
  • subcontract ammendments
  • extension of time

We provide planning solutions for builders, contractors, fit out contractors and larger sub contractors. We produce construction programmes, progress reporting and monitoring. Re-programming and all…

Property

Who should you hire? the right candidate for the job, right?

So quick question for you, would you hire an electrician to plumb in your bathroom? They said they have done it…
Property

Line of balance

In linier project line of balance can be utilised to ensure efficiency between work activities. When we say linier…
Property

Relevant Events

So, what is a relevant event and why do you need to know? To start with the relevant events we are discussing today…

More Articles

Property

Were here to help

Mark Glen Consultancy are here to help with all your planning needs.From pre construction and tender planning to site…
Property

Were here to help

Mark Glen Consultancy are here to help with all your planning needs.From pre construction and tender planning to site…
Property

Delay analysis isn't only for trying to claim an...

Delay analysis is key to understanding where you have lost time and why. Using it to identify your own shortcomings is…

Would you like to promote an article ?

Post articles and opinions on Professionals UK to attract new clients and referrals. Feature in newsletters.
Join for free today and upload your articles for new contacts to read and enquire further.

Find the right professionals in United Kingdom

View The Full Index

Search By:

Submit your Enquiry here

Enquiry Details

Contact Details