Chapter 18 - § 18.4 • SPECIFIC PERFORMANCE

• Jurisdiction: Colorado

§ 18.4 • SPECIFIC PERFORMANCE

Colorado does not have any reported cases where specific performance was granted, compelling a contractor to complete a construction project.⁷² As a general rule, courts have refused to grant specific performance as a remedy based upon the fact that the owner typically has an adequate remedy at law if the contractor breaches its contract and because of the numerous practical and enforcement problems that would exist if it were granted.⁷³

--------

Notes:

^[72] But see Gas Sec. Co. v. Antero & Lost Park Reservoir Co., 259 F. 423 (8th Cir. 1919) (under some circumstances a court may grant specific performance of a construction contract).

^[73] 3 S. Stein, Construction Law ¶ 11.03[1][a].