78/ 100

Smith v. Jones Construction LLC -- Breach of Contract / Specific Performance

NY Supreme Court, New York Countycompleted
Needs revision4 findings across 3 rounds
Created 2/20/2026, 2:00:00 PM | Completed 2/20/2026, 2:01:18 PM
Finding Severity Distribution
1
2
1
critical (0)
high (1)
medium (2)
low (1)
1

Round 1

2 findings
highlegal89% confidence
Brief seeks specific performance of a construction contract but fails to establish that money damages are inadequate -- a prerequisite under NY law. The property is a standard commercial build, not unique.
Suggested Fix

Add argument that the contractor's specialized expertise in green-building certification makes the services unique, or pivot primary relief to damages with specific performance as alternative.

mediumcitation82% confidence
Brief cites Van Wagner Advertising Corp. v. S & M Enterprises (1986) for uniqueness but that case actually held the interest was NOT unique enough for specific performance. The citation undermines the argument.
Suggested Fix

Replace with Sokoloff v. Harriman Estates Development Corp. or other NY cases where specific performance was granted for construction contracts involving specialized work.

2

Round 2

1 finding
mediumlogical76% confidence
The damages calculation includes lost profits from delayed occupancy but the brief simultaneously argues the building is unique and irreplaceable. If truly irreplaceable, market-rate damages would be speculative; if calculable, specific performance is unnecessary.
Suggested Fix

Frame damages and specific performance as alternative remedies. Present lost-profit damages as the floor, with specific performance sought because full consequential damages are difficult to quantify.

3

Round 3

1 finding
lowfactual71% confidence
Brief states the contract was signed on March 15, but Exhibit C shows a March 17 execution date. Minor but creates credibility issues.
Suggested Fix

Correct the date to March 17 to match Exhibit C, and verify all other dates against the attached exhibits.

Brief Stress-TesterAdversarial Legal Analysis