Contracts should help to make working relationships or business agreements understandable and enforceable. The parties that sign contracts should make every reasonable effort to uphold their obligations.
Unfortunately, contract breaches are somewhat common. Some parties neglect to pay for goods or services. Other times, parties may fail to perform acts required by a contract. They might deliver goods that do not align with quality standards or perform work that doesn’t meet professional standards.
Sometimes, a conversation with the other party can help resolve the matter. Other times, the only viable solution is to go to court. A breach of contract lawsuit can sometimes lead to a judge ordering specific performance to address a contract breach.
What is specific performance?
Judges handling contract lawsuits validate that the contract is enforceable and that a breach occurred. They can award the plaintiff damages, issue injunctions or even terminate contract obligations.
An order of specific performance is typically the last option available when other legal remedies are not practical. The judge can effectively enforce the contract by requiring that the party in breach redo work, complete a project or deliver goods and services that they previously failed to provide.
Orders of specific performance are viable solutions in certain circumstances. Other times, the risk of malicious compliance or non-compliance might make other remedies better options.
Those contemplating a civil lawsuit to address a contract dispute may want to evaluate all of their options with a skilled legal team, including the possibility of asking a judge to enforce the contract by entering an order of specific performance. Reviewing a contract and an alleged breach with a legal professional can help frustrated individuals and business leaders evaluate their options as effectively as possible.
