Which option is not one of the three remedies if the Design-Builder fails to meet performance requirements?

• A. Actual Damages
• B. Liquidated Damages
• C. Make good
• D. Specific performance

Answer: (D)

The remedies discussed for a design-builder who doesn’t meet performance requirements are focused on compensation or correcting the work, not forcing bespoke performance through a court order. Actual damages cover the owner’s losses caused by the failure. Liquidated damages are pre-agreed amounts the contractor must pay if performance falls short or milestones aren’t met, providing a predictable remedy without proving exact damages. Make good is the obligation to fix or replace defective work so the project ultimately meets the required performance standards.

Specific performance—a court order directing the contractor to perform as contracted—is not one of the typical remedies in this context. In construction, forcing a party to complete design and construction can be impractical and time-consuming, and the contract usually anticipates monetary damages or a cure as adequate remedies.