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Construction lender (template conditions)

Onboarded

Generic conditions precedent and draw conditions seen in construction loan agreements; replace with the actual loan agreement at closing. Lender gates amplify every other delay: closing waits on final entitlements, appeal periods, signed interconnection agreements and clean third-party reports.

Sources (1)

DocumentVersionEffectiveNotes
Construction loan agreement template — conditions precedent, draw conditions, covenants——Template; the executed loan agreement supersedes.

Requirement classes (5)

Triggers are evaluated against project inputs; durations are typical working days.
CodeTitleGateCategoryAsset classesTriggerDaysVetoPredecessorsSource / clause
LEN-CP-ENTITLE
Condition precedent: entitlements final and appeal period expired
Lender will not close until the special exception/rezoning and site plan approvals are final and non-appealable and all conditions capable of satisfaction before closing are satisfied.
Evidence: Zoning counsel opinion; certified approval resolution; appeal period confirmation.
PermitLenderallApplies when a construction lender is named10LC-SPEX, LC-APPEAL
Construction loan agreement template — conditions precedent, draw conditions, covenants
Loan agreement, conditions precedent to closing (entitlements)
LEN-REPORTS
Third-party reports: appraisal, Phase I ESA, geotechnical, ALTA survey
Lender-ordered or lender-reviewed reports: as-complete appraisal, Phase I environmental site assessment (Phase II if RECs), geotechnical report and ALTA/NSPS survey with zoning endorsement. Order early; appraisal and ESA are frequently the last items in.
Evidence: Reports addressed to the lender with reliance letters; lender's acceptance.
PermitLenderallApplies when a construction lender is named60LC-SITEPLAN
Construction loan agreement template — conditions precedent, draw conditions, covenants
Loan agreement, conditions precedent to closing (reports)
LEN-CLOSE
Loan closing
Closing of the construction loan once all conditions precedent are met: entitlements final, reports accepted, executed tenant lease, GMP contract, title and insurance in place.
Evidence: Executed loan documents; closing statement; title policy.
ConstructionLenderallApplies when a construction lender is named15LEN-CP-ENTITLE, LEN-REPORTS, TEN-LEASE
Construction loan agreement template — conditions precedent, draw conditions, covenants
Loan agreement, closing
LEN-DRAW
Draw conditions and covenant reporting
Recurring conditions for each advance (lien waivers, construction consultant report, budget in balance, permits in force) plus covenant reporting (monthly progress, milestone dates, completion date covenant, change orders above threshold). Handed to the project accountant once construction starts.
Evidence: Draw package template approved by lender; reporting calendar; first draw funded.
ConstructionLenderallApplies when a construction lender is named10LEN-IA, LC-PERMIT-GRADING
Construction loan agreement template — conditions precedent, draw conditions, covenants
Loan agreement, conditions to each advance; reporting covenants
LEN-IA
Signed utility interconnection / service agreement before first draw
Lender requires the executed Dominion GS-5 agreement and construction agreement (and the capacity letter) before advancing construction funds, because the project has no value without an energization date. Collateral posting under GS-5 is usually funded from equity, not the loan.
Evidence: Executed GS-5 and construction agreements delivered to the lender; lender acknowledgement.
ConstructionLenderData centerApplies when a construction lender is named5DOM-GS5, DOM-CONSTRUCT, LEN-CLOSE
Construction loan agreement template — conditions precedent, draw conditions, covenants
Loan agreement, conditions precedent to first advance (utility agreements)