6.3 Order of Performance

• Library: Contract Law in Virginia (Virginia CLE) (2019 Ed.)

6.3 ORDER OF PERFORMANCE

A party who is to perform work over an extended period of time must substantially perform before becoming entitled to payment. Performance of the work or delivery of the goods is a constructive condition precedent to the duty to pay. ⁵⁶ A Virginia comment to the UCC observes that, when sections 8.2-507 and 8.2-511 of the Virginia Code are considered together, it appears that the buyer must do the first act—that is, tender payment. ⁵⁷ But if periodic payments are called for in the contract, the rule is different. ⁵⁸ An illustration to the applicable Restatement section demonstrates the point. A enters into...