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
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
Your views needed - a strategy for the professions, trades and occupations.
Confronting competency, codes, capacity and costs.
The hidden risk in modern construction supply chains.
Construction Management, 10 June
24 months to 14: CITB launches accelerated apprenticeships.
Bridging the gap between clients and contractors
Concerns remain around contractor quality, capability, and delivery.
Construction Management, 10 June.
Heat pumps beat boilers in new home tests.
Building Safety Act implementation in Wales
CIAT to host industry panel on 26 June.
New and updated CLC building safety guidance.
New UK National Buildings Database.
Building Safety Wiki Interviews
Chief executive of the British Woodworking Federation.
Planning condition discharge in England and Wales
A brief explanation from a building compliance expert, with further links.
















