EMPIRE EAST LAND HOLDINGS V. CAPITOL INDUSTRIAL CONSTRUCTION (CIVIL LAW, CONSTRUCTIVE FULFILLMENT)

If we were to apply the civil law rule of CONSTRUCTIVE FULFILLMENT - the condition shall be deemed fulfilled if the creditor voluntarily prevented its fulfillment - then the submission of a guarantee bond may be deemed to have been complied with. But we cannot apply the rule to conditions (a) and (c), which remain as unfulfilled conditions-precedent. Since no proof was adduced that these two conditions were complied with, petitioner;s obligation to release the retention money had not yet arisen. We would like to emphasize that this is without prejudice to respondent's compliance with the unfulfilled conditions, after which release of the retention money must perforce follow.