Entirety of performance: Overview, definition and example
What is entirety of performance?
Entirety of performance refers to the completion of all tasks or responsibilities under a contract, as specified, before the contract is considered fulfilled. In simple terms, it means that a party must fully meet all the terms of the agreement, without cutting corners or leaving anything unfinished, to satisfy the contract.
Why is entirety of performance important?
Entirety of performance is important because it ensures that both parties in a contract receive exactly what was agreed upon. Without this, one party may not fully deliver on their obligations, which can lead to disputes, delays, or legal action. It guarantees that each side upholds their full responsibilities, providing fairness and clarity in the agreement.
Understanding entirety of performance through an example
Let’s say you hire a contractor to renovate an office space. The contract specifies that the contractor must complete electrical, plumbing, and painting work. If the contractor finishes the electrical and plumbing work but skips the painting, they haven’t met the entirety of their performance requirements. The job isn’t complete until all tasks are finished according to the contract.
Another example could involve a supplier who agrees to deliver a set of products within a certain timeframe. If the supplier delivers only part of the order or fails to meet the quality standards outlined in the contract, they have not fulfilled their performance obligations in entirety.
Example of an entirety of performance clause
Here’s how an entirety of performance clause might look in a contract:
“The Contractor shall be deemed to have completed the work in its entirety only upon successful completion of all tasks outlined in the Scope of Work, and acceptance by the Client.”
Conclusion
Entirety of performance ensures that both parties fulfill their full responsibilities under the contract before it is considered complete. This concept helps avoid misunderstandings and ensures that agreements are met in full, providing clear expectations for both sides and reducing the risk of disputes. Understanding and ensuring entirety of performance can prevent incomplete or unsatisfactory contract execution.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.