Specific Performance: Breach Of Contract Remedy Involving Real Estate
When a contractor or subcontractor fails to perform their part of a contract in your ongoing building or development project, you may have to take the claim to court for specific performance to have them complete the job.
There are other situations where specific performance is a remedy, such as in a real estate sale of a unique parcel of land or a house. If you are purchasing a one-of-a-kind building or parcel and the seller suddenly wants to back out, you may ask the court to order specific performance to fulfill your purchase contract. When you want the work performed, rather than monetary compensation or other remedies, specific performance may be the right legal remedy.
Is Specific Performance The Right Approach For Your Circumstances?
If your contract was fair and reasonable, and your part of the contract has been substantially performed, the court may compel specific performance of the contract. You may have substantially performed your end of the contract if you have already paid the contractor or already secured funding for the real estate transaction.
Before ordering specific performance, the court also looks to whether specific performance of the contract by the breaching party is possible. For example, whether the contractor is still in business and able to complete the work or the unique building is still intact will weigh into the court’s decision to order this type of remedy.
Specific performance is a specialized and complex remedy. Our attorneys can assist you with a suit for specific performance involving:
- Specialty woodworkers
Our attorneys assist claimants and respondents with specific performance matters.
Contact James Dodge Russell & Stephens When A Breach Of Contract Needs Prompt Resolution
Our highly skilled attorneys draw from their vast experience to provide innovative legal solutions for our clients. We are results-oriented and provide personalized solutions to complex real estate disputes. For a consultation, call our office in Salt Lake City at 801-363-6363 or send us an email to initiate a conversation.