Manner of performance: Overview, definition, and example
What is manner of performance?
Manner of performance refers to the specific way in which a contractual obligation or duty is carried out or executed. It outlines how the terms of an agreement should be fulfilled, focusing on the quality, timing, and method of performing the agreed-upon tasks. The manner of performance ensures that both parties to a contract understand not only what needs to be done but also how it should be done. This can include standards of quality, deadlines, and any procedures or processes that must be followed during execution.
For example, if a company contracts a service provider to clean office spaces, the manner of performance might specify how often the cleaning should occur, the cleaning products to be used, and the level of cleanliness required.
Why is manner of performance important?
Manner of performance is important because it helps define the expectations for both parties in a contract, reducing misunderstandings and disputes. When the manner of performance is clearly outlined, it ensures that both parties agree on the specific actions to be taken, the standards to be met, and the timeline for completion. This clarity helps prevent dissatisfaction, delays, or claims of non-performance and ensures that the contract is fulfilled according to the agreed-upon terms.
For businesses, defining the manner of performance provides a framework for managing expectations, tracking progress, and holding parties accountable for meeting contractual obligations. For individuals or service providers, it ensures that they understand the precise requirements for fulfilling their duties, avoiding potential penalties or legal disputes.
Understanding manner of performance through an example
Imagine a business that hires a contractor to remodel a storefront. The contract specifies that the work must be completed within 30 days, using high-quality materials and adhering to local building codes. The manner of performance in this case would include details like the type of materials to be used, the daily working hours, and the safety measures to be followed. If the contractor fails to meet these standards, such as using inferior materials or not finishing the work on time, the business may claim that the manner of performance was not met.
In another example, a freelance graphic designer is hired to create a logo for a company. The contract specifies that the designer must deliver the logo in three formats (JPG, PNG, and AI), with a draft version submitted within two weeks. The manner of performance is defined by the specific deliverables (formats), the timeline for submission, and the quality expectations for the work.
An example of a manner of performance clause
Here’s how a manner of performance clause might appear in a service agreement:
"The Contractor agrees to perform the services outlined in this Agreement in a professional and timely manner, adhering to the highest industry standards. The services shall be performed according to the following schedule: [detailed timeline]. The Contractor shall use [specified materials or equipment], and any deviations from this manner of performance must be approved in writing by the Client."
Conclusion
Manner of performance is a crucial element in contracts that helps define how tasks and obligations are to be executed. By setting clear standards for quality, timing, and procedures, it ensures that both parties understand and agree on how the work will be done, reducing the likelihood of misunderstandings or disputes. For businesses and individuals, having a well-defined manner of performance in place helps ensure successful contract fulfillment and protects both parties' interests.
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.