The doctrine allows a party who performed substantially, though imperfectly, to recover the contract price less damages for the deficiency. It applies to constructive conditions rather than express conditions.
Willful deviation may defeat the doctrine.
Alternative Names:
Substantial Performance Doctrine|Substantial Compliance
Why it Matters?
Express conditions are not subject to substantial performance, which means precise satisfaction is required where a contract makes performance conditional in express terms rather than merely promising it. That distinction determines whether a near-miss recovers anything. Damages for the deficiency are typically measured by cost of correction unless disproportionate to the value gained, in which case diminished value applies.
Frequently Confused with
Related terms
Frequently asked questions
Does the doctrine apply to express conditions?
How are deficiency damages measured?
