Contract breaches can cause a host of challenges for a company depending on a service provider, outside professional or vendor. Sometimes, it is possible to settle a breach of contract matter amicably, but other times, contract breaches lead to litigation.
The party pursuing the lawsuit could receive financial reimbursement for the losses caused by the contract breach. Other times, the outcome of the lawsuit might involve an order of specific performance.
When do civil court judges issue an order of specific performance that applies to the party who violated a contract?
Specific performance can resolve challenging disputes
An order of specific performance essentially involves the courts requiring one party to perform certain actions. Specific performance might entail delivering goods as agreed upon in the contract. It might also involve having a contractor finish a project or redo work that did not meet contractual standards.
In scenarios in which awarding plaintiffs damages might not be a reasonable solution or may not fully resolve the issue, specific performance might be what a judge decides is the best option. Other times, it might be the expense or difficulty involved in obtaining the same materials or support from another party that convinces a judge that specific performance is the right solution to a contract breach.
Often, the way that a plaintiff presents their case, the evidence that they have to support their allegations of a contract breach and the impact it has had on their organization may influence what a judge ultimately determines is a reasonable solution. Orders of specific performance can be beneficial in some cases, but they can also cause challenges in others.
Particularly when there is reason to believe that the other party may engage in malicious compliance, possibly by doing mediocre work, asking for other solutions might be in the best interests of the business pursuing the breach of contract lawsuit. Other times, compelling the other party to follow through on contractual obligations might be the optimal outcome.
When it is possible to resolve a breach of contract lawsuit by compelling the plaintiff to complete certain actions, a judge might order specific performance instead of or in addition to awarding the plaintiff damages. Learning more about the solutions for contract-related lawsuits may benefit those preparing for civil court, so that they can make informed decisions about their options and seek guidance accordingly.