Our practice opens in January 2027.

View Details →

Conditions and the Order of Performance

·

By

ACL

The short answer

A condition is an event that must happen before a duty to perform arises, such as approval, inspection, or a prior payment. Disputes often turn on whether the condition occurred and who was responsible for it.

Where it fits in your case

When a party refuses to pay or perform because something has not yet happened.

What to expect

  • Prevention. A party that blocks or fails to cooperate in meeting a condition generally cannot rely on it.

  • Satisfaction clauses are usually judged by a reasonable-person standard for commercial matters and by good-faith judgment for matters of taste.

  • Simultaneous performance. When payment and delivery are due together, each side usually must be ready to perform.

What we need from you

The contract, approval or inspection records, and evidence of each side’s cooperation.

Common misconceptions

  • “They never approved, so we owe nothing.” Not if approval was withheld unreasonably or prevented.

  • “Satisfaction means whatever they want.” Often it means reasonable satisfaction.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

© 2026 Allison Cho Law LLC. All rights reserved.

Attorney Advertising | Privacy Policy | Disclaimer

© 2026 Allison Cho Law LLC. All rights reserved.

Attorney Advertising | Privacy Policy | Disclaimer