Conditions

Xavier Excavations, Inc., was hired by NoName, LLC, to perform excavating and grading work on Terra Firma, a residential construction project in West Knox County, Maryland. City Bank financed the project with a loan to NoName, LLC. As the work progressed, Xavier Excavations, Inc. received payments totaling 90 percent of the price on its contract. NoName then defaulted on the loan from City Bank and the Bank foreclosed and took possession of the property. Xavier Excavations filed a suit in a Maryland state court against the bank to recover the final payment on its contract. The bank responded that Xavier Excavations had not received its payment because it had failed to obtain an engineers certificate of final completion, a condition under its contract with NoName. Xavier Excavations responded that it had completed all the work it had contracted to do. What type of contract condition does obtaining the engineers certificate represent? Is Xavier Excavations entitled to the final payment? Discuss fully.