Enforcing remedies in real estate development contracts can be challenging for several reasons. First, you need to prove that there was a breach of contract, and that you suffered damages or harm as a result. This may require expert testimony, evidence of performance, and valuation of the property or project.
Second, you need to consider the feasibility and cost of pursuing a remedy, and whether it is worth the time and effort. For example, specific performance may be difficult or impossible to obtain if the project is already completed, sold, or abandoned, or if the breaching party is insolvent or unavailable. Damages may be insufficient or uncertain if the market value of the property or project fluctuates, or if the breach affects other aspects of the development, such as zoning, financing, or permits. Injunctions may be temporary or conditional, and may require posting a bond or security.
Third, you need to comply with any contractual or legal requirements or limitations that may affect your ability to enforce a remedy. For example, the contract may include clauses that waive or limit certain remedies, such as liquidated damages, arbitration, or notice of default. The law may also impose statutes of limitations, defenses, or doctrines that may bar or reduce your claim, such as laches, estoppel, or unclean hands.