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When would you seek specific performance in a contract dispute?

On Behalf of | Aug 24, 2022 | Contract Disputes

Contracts can help your business manage its working relationships and limit operational risks, making them valuable tools. You may abide by your contracts carefully, but deviations from contracts by the other party involved can do real harm to your company’s operations and also how you view a supplier or the owner of another company.

When the other party in a contract fails to follow through with their promises as detailed in your written agreement, you have the right to hold them accountable. If they won’t correct the issue on their own, you may have no choice but to take them to court. A breach of contract lawsuit can help you settle the matter in civil court.

One option may be to ask for “specific performance” as the solution to your contract issue. What does that mean?

How specific performance helps

If a judge agrees with your claim that the other party didn’t fulfill their obligations to you, they can enter a court order essentially forcing them to fulfill their obligations. A ruling requiring specific performance will obligate the other party to do what the contract requires of them.

If all you need is for them to finish the project they left half done or to deliver certain merchandise, specific performance can be a good solution to your dispute. However, if you no longer trust them to provide you with appropriate materials or do quality work, you may want to ask for financial compensation so that you can obtain materials or services from someone else.

Looking into your possible solutions for a business contract dispute can help you obtain the best outcome when someone else doesn’t follow through on their commitments.