A breach of contract scenario can do significant damage to your organization. You could lose major accounts if a former employee violates their non-solicitation agreement and starts approaching clients from your company after they leave your business. You might have to idle the factory floor for days if a supplier fails to produce materials that you cannot source elsewhere.
A breach of contract can be frustrating and expensive, and it may leave your organization trying to recoup the losses the other party’s failure created. If you take your case to court, one of the possible options would be to seek specific performance.
A judge can potentially order the other party to do what they should have based on your contract. Is specific performance the best solution to a breach of contract problem?
Specific performance can sometimes be beneficial
Maybe you already paid for services and simply want the company or contractor you paid to finally follow through with their promises. Specific performance can be a simple way to get the other party to do what they should have.
However, when you compel someone into compliance via a court order, you may find that their attitude toward the work is not positive. Specific performance may not be the best option if you need to bring in a company to rebuild your website. Although a judge may agree that the other party should follow through with their promises, they may simply do the absolute minimum required to remain in compliance with the judge’s order rather do than the best job possible.
There are situations in which that kind of bad attitude or corner-cutting won’t be a major concern and plenty of other scenarios in which such behavior could be a serious issue. You have to consider your experiences with the other party so far and their reputation for handling bad outcomes.
Sometimes, asking for reimbursement for amounts paid and other damages is a better option than seeking specific performance. Choosing the relief that you request in a breach of contract scenario should be a decision made on a case-by-case basis, as no one solution is ideal for every scenario.
Learning more about what you can expect in a breach of contract lawsuit can help you better handle your dispute with another company or a former employee.
