In a recent case, Age of Empire, Inc. v. Ocean Two Condominium Association, Inc., 2023 WL 4917089 (Fla. 3d DCA 2023), a contractor entered into a restoration contract with a condominium association.
Remember this: complying with contractual conditions precedent to payment is important. There is a reason why construction contracts include contractual conditions precedent to payment. The contract does not include this language for sh*ts and giggles. This language is included to establish what is required of the payee before payment becomes due. There may be conditions precedent to the payment of progress payments. There may be conditions precedent to the payment of final payment. Payment is not due until the conditions precedent have been satisfied. Do yourself a favor and consider this language in the construction contract, particularly if a dispute arises. If the condition precedent has not or cannot be satisfied, game plan as to the factual reason. The best thing to do is be prepared – check the boxes regarding conditions precedent to ensure you have considered this contractual language.
Mr. Adelstein may be contacted at dma@kirwinnorris.com