Adams Stirling PLC


When an association enters into a contract with a vendor for services (landscaping, plumbing, painting, roofing, etc.), there are two primary remedies when the contract is breached:

Money Damages. An award of monetary damages is the most common remedy available to parties and compensates them for damage they suffered when the contract was breached. This is different from a breach of CC&Rs (which is a breach of equitable servitudes) where monetary damages are not an adequate remedy and injunctive relief is the common remedy.

Specific Performance. "Specific performance" forces a party to perform as promised under the contract. This remedy is available only when the aggrieved party cannot be adequately compensated for the breach by an award of money.

Statute of Limitations. The statute of limitations for breach of contract is 4 years (Code Civ. Proc. § 337). See Laches, Waiver and Estoppel.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC