What is a condition subsequent?
A condition subsequent is a type of contract clause used in Washington law that defines an event that must occur for the contract to remain valid. The event can be either positive or negative in nature; if the event does not happen, the contract is terminated and the parties are no longer obligated to one another. For example, a contract might specify that a tenant agrees to pay rent for one year on a specific property, with a condition subsequent that the tenant can terminate the agreement early if the landlord fails to make necessary repairs to the property. If the repairs don’t happen, the condition subsequent has been triggered and the tenant can legally break the agreement. Alternatively, a contract might state that if the contractor completes the project on time and within budget, they receive a bonus. This is a positive condition subsequent; if the contractor meets the requirements of the condition, the bonus is paid. In short, a condition subsequent is a clause in a contract that sets up certain conditions that must be met in order for the contract to remain in effect. If the conditions are not met, the contract is rendered void or terminated.
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