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Specific Performance Injunctions

The contract may have a clause that allows the court to  compel a party to act a certain way or pay money,  immediately. This is significant because, ordinarily, a court  cannot compel to “do something’ through specific  performance. Rather, the endgame result from commercial  litigation (absent an agreement to the contrary) is either a  mechanic’s lien or a money judgment. Those are serious  remedies that can involve collection efforts down the road;  however, neither of those involve an actual order by a judge  that can trigger a finding a party is in contempt for failing to  performance.

An order, unlike a judgment, can serve as a basis for  contempt proceedings sanctions against the party who  violated the order. Contempt punishment can include  temporary incarceration for a willful violation of an order. It  is therefore important to know whether the contract calls for  specific performance or otherwise allows a court to order an  injunction of any kind.

Cases in Allegheny County where in injunction is sought may  go to the “motions judge” who is a different judge each  month or it may be specially assigned to the Complex  Litigation and Commerce section comprised of Judge  Christine Ward and Judge Stanton Wettick, who have  familiarity with complex matters and provide the best  opportunity for a reasonable and fair resolution. (link to Procedure)- or defend against the enforcement of –  your agreement, we can help you. We will fully protect your  interests in court for a price that is reasonable.

Our Pittsburgh litigation attorneys have handled cases  involving claims for specific performance, arbitration,  mediation, and jury trials. Our tested and experienced  attorneys will be glad to protect your rights.

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