express condition

a condition that is clearly stated in the language of the contract. In legalese, a condition defines a particular circumstance that either creates or removes an obligation for one or more of the contracting parties. Therefore, an express condition spells out under which circumstances a particular obligation might be affected. Compare this to an implied-in-fact condition which is not explicitly stated in the language of a contract.

Fergus hires a local builder to remodel his kitchen. In the terms of the contract, the builder has included an express condition that guarantees a completion price as long as the scope of the project remains the same. If the scope of the project were to change significantly the builder would not be obligated to complete the job at the agreed-upon price. Let's say Fergus decides that he wants granite countertops instead of the tile he originally chose. The builder would be entitled to renegotiate the completion price under the express condition of the contract.