Contract disputes can cause a number of operational headaches for a business. Obviously, contract breaches can be expensive and disruptive. A business may not be able to reopen its facilities due to an unfinished remodeling project. It might fall behind on production if a vendor doesn’t deliver necessary materials.
Additionally, a dispute about a contract could affect the relationship that a business has with a supplier or an outside professional. If it proves impossible to amicably resolve a dispute about a contract matter, then the affected business might take legal action. One of the solutions available during contract litigation is an order of specific performance issued by a civil court judge.
Specific performance is a form of contract enforcement
An order of specific performance from a civil judge effectively requires that one party take certain specific steps to address the contract dispute. Specific performance might entail the completion of a project previously left half-done. It might involve the delivery of goods or the continuation of an agreement in which one party provides support services to the other.
A judge’s order of specific performance has the full force of the civil courts behind it. The failure to perform the required actions outlined in the order could lead to the judge declaring one party in contempt of court. There could be other penalties imposed as well, especially if the contract has penalty clauses for breaches, delays and other issues.
Specific performance can be useful in some cases, but it may be less-than-ideal in others. Particularly when there is reason to believe that one party may do mediocre work due to the conflict that has arisen during the contract dispute, requesting specific performance may not be the best solution to contract issues. A careful evaluation of the nature of the breach and the available remedies can help a business plaintiff determine the best way to resolve a breach of contract matter.
Filing a breach of contract lawsuit could result in an order of specific performance or even an award of damages for the financial impact that the breach has had on a company. Those who understand the possible solutions for contract issues can pursue the best possible solution for their circumstances.
