When you have a contract dispute with a service provider, vendor or supplier, you may suffer financial losses. Their failure to follow through with delivering a product or providing a service could cause significant operational complications for your organization or even force you to breach contracts with your clients or customers.
When you go to court over a breach of contract issue, the judge who hears the case can make several different rulings to help reduce the impact of the breach of contract on your business. Specific performance involves requiring the other party to fulfill their original obligations or perform services for your company. When would specific performance be a bad choice?
When you already replaced the services or goods
You may not have had the luxury of waiting for your day in court to find the supplies you need or contract with a new service provider. If you have already connected with a different contractor or company capable of providing the same material or services, then specific performance might not be the solution that helps you the most. Financial compensation for your losses may be a better option.
When you don’t trust the other party anymore
If the conflict between you and the other party escalated to a point where you believe they bear ill-will toward you or your organization or if incompetence or disagreements have severed your trust in the other party, then you may not want to do business with them again in the future. Specific performance would force you to accept delivery of goods or the completion of a service from someone you no longer trust.
Taking the time to determine the best possible solution to your current business dispute can help you ask for the right resolution when you finally get your day in court.