Specific performance in construction contracts
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.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
ECA, JIB and JTL back Fabian Society call to invest in skills for a stronger built environment workforce.
Women's Contributions to the Built Environment.
Calls for the delayed Circular Economy Strategy
Over 50 leading businesses, trade associations and professional bodies, including CIAT, and UKGBC sign open letter.
The future workforce: culture change and skill
Under the spotlight at UK Construction Week London.
A landmark moment for postmodern heritage.
A safe energy transition – ECA launches a new Charter
Practical policy actions to speed up low carbon adoption while maintaining installation safety and competency.
Frank Duffy: Researcher and Practitioner
Reflections on achievements and relevance to the wider research and practice communities.
The 2026 Compliance Landscape: Fire doors
Why 'Business as Usual' is a Liability.
Cutting construction carbon footprint by caring for soil
Is construction neglecting one of the planet’s most powerful carbon stores and one of our greatest natural climate allies.
ARCHITECTURE: How's it progressing?
Archiblogger posing questions of a historical and contextual nature.
The roofscape of Hampstead Garden Suburb
Residents, architects and roofers need to understand detailing.
Homes, landlords. tenants and the new housing standards
What will it all mean?
The Architectural Technology podcast: Where it's AT
Catch-up on the latest episodes.
Edmundson Apprentice of the Year award 2026
Entries now open for this Electrical Contractors' Association award.
Traditional blue-grey slate from one of the oldest and largest UK slate quarries down in Cornwall.
There are plenty of sources with the potential to be redeveloped.
Change of use legislation breaths new life into buildings
A run down on Class MA of the General Permitted Development Order.
Solar generation in the historic environment
Success requires understanding each site in detail.