Jurisdiction(s):
United Kingdom

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Key definition

Conditions precedent definition

What does Conditions precedent mean? Conditions precedent are contractual requirements that must be satisfied or waived before a contract becomes effective or a party may exercise a right, such as drawing under a loan. They are a descriptive concept recognised in case law on contract formation, rather than defined by statute, and are used across financing transactions. In leveraged finance, CPs are commonly grouped into CPs to signing/effectiveness and CPs to closing/utilisation. CPs to signing are items to be met by the borrower before the facility agreement takes effect (for example, authorisations and certain regulatory consents). CPs to closing are those that must be...

Time bars and conditions precedent in construction contracts: notice obligations, JCT/NEC/FIDIC/ICC regimes, case law, prevention principle, exclusive remedies and practical guidance

Published by a LexisNexis Construction expert

Practice notes

Conditions precedent in standard form contracts

In many construction contracts, a party looking to pursue a claim under the contract must comply with a specified process as prescribed by the terms. Typically, the claiming party is required to serve a particular notice, which may then be followed by a further notice and/or fuller particulars, on the other party and/or the Contract administrator, in a set form and meeting stated Requirements as to content and layout. Frequently, these notice clauses also include a so‑called ‘time bar’, meaning the notice(s) must be given within a defined period specified by the contract. Where the time bar is expressed as a Condition precedent, any failure to follow the contractual steps results in the claiming party losing its right to advance the claim, regardless of how compelling the underlying case might otherwise be, and even where the claim would otherwise be well‑founded. The inclusion of such time‑bar provisions has become increasingly prevalent, and they now feature in some standard form contracts (see Conditions precedent in standard form contracts below)...

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Web page updated on 21/05/2026

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