According to the doctrine of substantial performance, what does it mean if a job is mostly completed?

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The doctrine of substantial performance is a legal principle that applies in contract law, particularly in situations involving the completion of a contract for services or construction. When a job is mostly completed, it may not fulfill every minor term of the contract, but it has most of the essential elements finished. As a result, the performance can still be considered effective, allowing for the contract to stand.

When substantial performance is established, the party who completed the work is not deemed to be in total breach of contract. Instead, they may be entitled to payment for the work that was satisfactorily performed, with adjustments made for any defects or uncompleted parts of the job. This approach acknowledges the effort made and the benefits derived from the work, while also allowing the other party to seek remedies for any deficiencies.

In this context, if a job is mostly completed, it does not lead to a situation of total breach that would allow for severe consequences like a required redo, making the notion of "voidable" or a total breach inappropriate. Rather, remedies can be sought for incomplete aspects, but the completed portions are recognized as fulfilling the contract to a sufficient degree. This understanding underlines the importance of practical outcomes in contracts, contributing to the efficiency of legal remedies.

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