Where the protection or enhancement of biodiversity is a key issue within the contract, performance indicators need to be developed to ensure the desired outcomes are achieved. These may include the provision of evidence of the origin of materials or independent verification of process methods.
The benefits of the contractual requirement must be quantifiable and measureable; otherwise there is a risk that it may be unenforceable. The buyer must also consider whether this requirement is core to the contract or a secondary issue, as any remedy for breach of performance may be difficult to quantify.
In this case a pre-agreed service credit or maintenance rebate would enable recompense for non-performance where termination of the contract would not be an option.