Specific performance can be useful in contractor disputes. When you hire a contractor to perform work—whether it’s building a home, renovating an office, or completing a commercial project—you expect them to finish the job as promised. But what happens when the contractor walks off the project or refuses to complete the work? In Oklahoma, you may wonder whether the law allows you to force a contractor to fulfill their contractual obligations. In certain cases, the legal remedy known as specific performance may provide that option.

What Is Specific Performance?

Specific performance is a legal remedy that requires a party to perform their contractual duties rather than simply paying monetary damages. It is most commonly used in cases involving real estate, unique services, or goods that are not easily replaceable.

In the context of construction contracts, a homeowner or property owner may seek specific performance to compel a contractor to finish the agreed-upon work if financial compensation alone would not adequately fix the problem.

Is Specific Performance Available in Contractor Disputes?

Oklahoma courts do not grant specific performance automatically. Instead, they consider several key factors to determine whether it’s appropriate:

1. The terms of the contract must be clear and enforceable.
   The agreement must specify what work is to be completed, by when, and under what conditions.
2. The work must be unique or not easily replaceable.
   If the contractor was hired for a custom job that another builder cannot easily replicate, specific performance may be justified.
3. Monetary damages would be inadequate.
   If simply paying you damages for unfinished work doesn’t fairly compensate you, because the project is unique or the delays are irreparable, the court may order completion instead.
4. The party seeking specific performance must have met its own obligations.
   You must demonstrate that you have fulfilled your obligations under the contract (e.g., making progress payments and providing access to the site).

What Are Some Challenges With Enforcing Specific Performance?

While specific performance can be powerful, it is not always practical. Courts are often reluctant to force individuals (like contractors) to work against their will. Construction projects involve ongoing supervision, potential safety risks, and variable timelines. For this reason, courts may view monetary damages or hiring a replacement contractor as more appropriate in many situations.

Additionally, specific performance is usually more successful when the job is nearly complete and the scope of the remaining work is limited and well-defined.

Alternative Legal Remedies to Consider

Even if specific performance isn’t available, Oklahoma law gives you other remedies when a contractor fails to finish the job:

• Sue for breach of contract and seek compensation for the costs of hiring a new contractor and correcting any defective work.
• File a claim against the contractor’s bond (if they are bonded) or pursue a complaint with the Oklahoma Construction Industries Board.
• Seek injunctive relief in some cases to prevent the contractor from interfering with the job site or using misappropriated funds.
• Record a lien release or pursue legal action to remove a fraudulent mechanic’s lien.

Steps to Take if a Contractor Walks Off the Job

If you’re dealing with an incomplete project in Oklahoma City, here’s what you should do:

1. Document everything. Keep written communication, photos of the job site, invoices, and your contract.
2. Send a formal demand letter. Ask the contractor to complete the work by a specific deadline.
3. Consult with a construction or civil litigation attorney. A lawyer can evaluate your options, including whether specific performance is a viable remedy.
4. Prepare for possible litigation. If no agreement is reached, your attorney can file suit and request specific performance or damages as appropriate.

Oklahoma City Construction Dispute Attorneys

Contractors who abandon projects can leave you in a difficult and costly situation. While specific performance is a possible remedy, it is just one of several legal options available. Whether you’re trying to force a contractor to return and finish the job or seeking damages for breach of contract, we can help. Contact our construction law attorneys at Kania Law – OKC Attorneys. Call us today at 405-367-8710 or ask a question online.