Constructive conditions
1. Basically deals with the order of performance
2. Created by operation of law
3. Ex – if K is silent as to when payment needs to be made, the work being done is a constructive condition precedent to the payment performance
4. Satisfaction
a. Substantial performance
b. Divisible K’s
i. K divides performance into parts
ii. Each finished part is consideration for part performance by the other
iii. Substantial performance is applied to each divisible part
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