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See also Constructive conditions. Constructive conditions are created by operation of law to fix the time or order or performance and are classified as precedent or concurrent. Constructive conditions have the same legal effect as express or implied conditions. Generally the party doing the work that takes longer to complete will be required to substantially perform before the other party does.


Where a contract is made to perform work and no agreement is made as to payment, the work must be substantially performed before payment can be demanded. (Gurski v. Doscher, 112 App. Div. 345; affd., 190 N. Y. 536; Cunningham v. Jones, 20 N. Y. 486; People ex rel. Cossey v. Grout, 179 N. Y. 417, 426; Delehanty v. Dunn, 151 App. Div. 695; Smith v. Brady, 17 N. Y. 173, 187, 188; Catlin v. Tobias, 26 N. Y. 217; Cronin v. Tebo, 71 Hun, 59, 61; affd., 144 N. Y. 660; Coburn v. Hartford, 38 Conn. 290; Poland v. Thomaston F. & O. B. Co., 100 Me. 133; Thompson v. Phelan, 22 N. H. 339; Friedman v. Schleuter, 105 Ark. 580.) 


 So-called 'constructive conditions are imposed by law [i.e., by courts] to ...

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