375. Specific performance.

The court does not normally order specific performance1 of an ordinary building or engineering contract2. However, there are exceptions3, and an order for specific performance of a contract to build will be made if the following conditions are fulfilled: (1) that the building work is sufficiently defined by the contract between the parties; (2) that the claimant has a substantial interest in the performance of the contract that cannot be adequately compensated in damages; (3) that the defendant is in possession of the land on which the work is contracted to be done

Popular documents