commencing performance
Definition
Commencing performance means you have actually started doing the work or fulfilling your end of a contract, rather than just agreeing to do it. Courts treat this as a significant legal moment because once you begin performing, both parties generally become more firmly bound to the deal. Starting work can sometimes lock in a contract even if all the paperwork was not fully finalized yet.
Example
A contractor who shows up on Monday and begins clearing a job site has commenced performance on a remodeling contract, which means the homeowner cannot simply cancel the deal without consequences. The contractor's actions signal to the court that a real, binding agreement was in motion.
Watch Out
Starting work before a contract is fully signed can create legal obligations you did not intend, so always clarify the terms in writing before you lift a finger.
See which terms appear in your contract?
This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.