Substantial performance is a doctrine, whereby one party under a contract can still recover for damages if he substantially performed his duties under the contract even though that individual failed to comply with the contract in some way.
What percentage is substantial performance?
Substantial performance within a building contract requires that the structure needs to be able to be used for its original purpose. Since the building was only 30 percent complete, this structure could not have been a viable house, and the substantial performance doctrine would not apply.
What is required to prove substantial performance?
In order to prove substantial performance, courts have used two main standards: Whether the promisor was actually satisfied by the work; or. Whether a reasonable person would be satisfied under similar conditions.