Tag archives: Suspensive condition

Suspensive condition of tender not met – no valid contract

By Patrick Bracher (ZA) on May 15, 2019 Posted in General

A builder submitted a tender to the Development Bank of Southern Africa (DBSA) for construction of a school. The tender was ‘conditionally accepted’ and further documents had to be submitted by a deadline date after which the construction contract would be signed. The documents were not submitted in time nor was the construction contract signed. … Continue reading

Contracting parties may not be bound if conditions precedent are not fulfilled

By Fabio Miceli on April 3, 2014 Posted in Drafting tips

The courts have reaffirmed that if suspensive conditions in an agreement are not fulfilled timeously the agreement will not be binding on the parties. This is not cured by either party performing in terms of the agreement. Suspensive conditions and how they must be fulfilled must be precisely and carefully drafted. Facts of the case … Continue reading