Specific performance of a building agreement will not be ordered except under special circumstances1; but, if the contract includes the granting of a lease, specific performance may be ordered of the agreement for a lease and damages awarded for breach of the building agreement2.
The agreement usually empowers the landlord to determine the tenant's rights on failure to comply with the tenant's obligations to build, and may provide that, if the landlord re-enters, he is to take the material and plant brought upon the land for the purpose of the works3 as liquidated damages, but in the absence of such
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