Specific performance in construction contracts - Revision history

Designing Buildings at 07:07, 26 October 2020

2020-10-26T07:07:35Z

← Older revision		Revision as of 07:07, 26 October 2020
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	Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations.		Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations.

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	In the case of Liberty Mercian Limited v Cuddy Civil Engineering Limited and others, Mr Justice Ramsey decided that whilst the unperformed primary obligations arising from a contract cease on termination, ancillary rights or obligations which have accrued from the performance of the contract, for example, the provision of performance bonds or warranties, survive termination. These are continuing obligations which must be honoured despite the fact that the main contract has come to an end. The Claimant was therefore entitled to the remedy of specific performance to enforce the delivery of executed warranties.		In the case of Liberty Mercian Limited v Cuddy Civil Engineering Limited and others, Mr Justice Ramsey decided that whilst the unperformed primary obligations arising from a contract cease on termination, ancillary rights or obligations which have accrued from the performance of the contract, for example, the provision of performance bonds or warranties, survive termination. These are continuing obligations which must be honoured despite the fact that the main contract has come to an end. The Claimant was therefore entitled to the remedy of specific performance to enforce the delivery of executed warranties.

−	= ~~Find out more~~ =	+	= Related articles on Designing Buildings Wiki =

−	~~=== Related articles on Designing Buildings Wiki ===~~	+	* Breach of contract.
−	*Breach of contract.	+	* Collateral warranties.
−	*Collateral warranties.	+	* Contract.
−	*Contract.	+	* Damages.
−	*Damages.	+	* Liberty Mercian Limited v Cuddy Civil Engineering
−	*Liberty Mercian Limited v Cuddy Civil Engineering	+

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Case_law]] [[Category:Other_legislation]]
−	[[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]]	+

Designing Buildings: moved Specific performance to Specific performance in construction contracts

2014-12-22T07:53:53Z

moved Specific performance to Specific performance in construction contracts

← Older revision

Revision as of 07:53, 22 December 2014

Designing Buildings at 09:45, 14 October 2013

2013-10-14T09:45:27Z

← Older revision		Revision as of 09:45, 14 October 2013
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−	Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations.	+	Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations.

−	Specific performance is not a right, but may be granted at the court’s discretion (as opposed to damages, a contractual remedy available as of right if the claimant proves its loss) in addition to, or instead of damages.	+	Specific performance is not a right, but may be granted at the court’s discretion (as opposed to damages, a contractual remedy available as of right if the claimant proves its loss) in addition to, or instead of damages.

	So, for example, where a binding contractual obligation has been entered into to give collateral warranties, in the event of failure to give the warranty, the other party to the principal contract could apply to the Court for an order of specific performance requiring the warranty to be entered into. For such an application to be successful, the wording of the contractual obligation will have to be clear and unambiguous.		So, for example, where a binding contractual obligation has been entered into to give collateral warranties, in the event of failure to give the warranty, the other party to the principal contract could apply to the Court for an order of specific performance requiring the warranty to be entered into. For such an application to be successful, the wording of the contractual obligation will have to be clear and unambiguous.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
		+	*Breach of contract.
	*Collateral warranties.		*Collateral warranties.
	*Contract.		*Contract.
		+	*Damages.
	*Liberty Mercian Limited v Cuddy Civil Engineering		*Liberty Mercian Limited v Cuddy Civil Engineering

−	[[Category:Case_law]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]]
−	[[Category:Other_legislation]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]]

Designing Buildings: Created page with " Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations. Specific performance ..."

2013-10-14T09:44:06Z

Created page with " Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations. Specific performance ..."

New page

Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations.

Specific performance is not a right, but may be granted at the court’s discretion (as opposed to damages, a contractual remedy available as of right if the claimant proves its loss) in addition to, or instead of damages.

So, for example, where a binding contractual obligation has been entered into to give collateral warranties, in the event of failure to give the warranty, the other party to the principal contract could apply to the Court for an order of specific performance requiring the warranty to be entered into. For such an application to be successful, the wording of the contractual obligation will have to be clear and unambiguous.

In the case of Liberty Mercian Limited v Cuddy Civil Engineering Limited and others, Mr Justice Ramsey decided that whilst the unperformed primary obligations arising from a contract cease on termination, ancillary rights or obligations which have accrued from the performance of the contract, for example, the provision of performance bonds or warranties, survive termination. These are continuing obligations which must be honoured despite the fact that the main contract has come to an end. The Claimant was therefore entitled to the remedy of specific performance to enforce the delivery of executed warranties.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Collateral warranties.
*Contract.
*Liberty Mercian Limited v Cuddy Civil Engineering

[[Category:Case_law]]
[[Category:Other_legislation]]