§ 1492 Late Performance Compensation Offer

Civil Code·California

AI SummaryVerified

This law says that if someone is late but can fix it with money, the other side can still ask for the work to be done later without losing any rights they already have.

Key Takeaways

•You can still demand performance after the deadline if money can fix the delay.
•The other party keeps any rights they already earned while waiting.
•The rule only applies when the contract doesn't say time is of the essence.

Example

A contractor is supposed to finish a home renovation by June 1 but gets delayed.

The homeowner can still tell the contractor to finish the work later and ask for money to cover the delay, even though the deadline passed, because the contract didn't say time was crucial.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1492 Late Performance Compensation Offer

Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

delay in performance exact and entire compensation time has not been expressly declared to be of the essence offer of performance without prejudice to any rights acquired

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 1492.

Key Takeaways

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Key Terms

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Key Takeaways

Example

Key Terms

Related Statutes

References