Legal Review of Conditions Precedent to Dispute Resolution in Construction Contracts

Abstract

Dispute resolution procedures specified in construction contracts commonly contain conditions precedent that can ultimately affect the entitlements of the parties in case a dispute occurs. This study discusses various aspects related to conditions precedent in dispute resolution provisions, namely, notifications of claims as a condition precedent, architect/engineer (A/E) decision as a condition precedent, mediation as a condition precedent, timely submissions as a condition precedent, language for establishing conditions precedent, waiver of conditions precedent by courts, and the authority to issue such waiver. Legal decisions related to each topic are discussed, and general guidelines for dealing with conditions precedent in dispute resolution procedures are given.