Legal Definitions - defective performance

Definition: Defective performance refers to a performance that does not fully comply with the terms of a contract, whether it is partial or complete. It can include late performance or any other failure to meet the agreed-upon terms.

Examples:

• A contractor who fails to complete a construction project on time
• A musician who performs poorly at a concert
• A seller who delivers goods that do not meet the specifications agreed upon in a contract

These examples illustrate how defective performance can occur in various types of contracts, such as construction, entertainment, and sales. In each case, the party responsible for the performance did not fully meet the expectations outlined in the contract, resulting in a defective performance.