Contracts are critical to the successful operation of any business. A way to potentially avoid contract disputes is to have well-drafted and unambiguous contracts, such as operating agreements, shareholder agreements, vendor agreements, or supply agreements. If a business dispute occurs, a properly drafted contract containing clear and unambiguous terms might be enforceable. Unfortunately, even with a properly prepared agreement, contract disputes arise and are among the most common commercial litigation matters.
Whether the agreement is with another business, employee, or vendor, contract disputes can disrupt the business operation and cause other financial complications. Our goal is to protect your interests and pursue beneficial solutions through negotiations, dispute resolution methods, or litigation.
At Kasan Law, we understand the importance of navigating these matters with skill and efficiency.
Contract disputes can occur between business partners, companies, individuals, employers, or employees, and occur for various reasons. Generally, a breach of contract typically involves a claim that one party failed to follow or perform according to the requirements specified in the contract. At Kasan Law, we provide legal services for a variety of contract dispute matters, including:
However, determining whether a party breached a contract is not always straightforward when the contract terms are vague or subjective. Additionally, every breach of contract claim is not actionable in a court to recover damages.
In Illinois, the non-breaching party must satisfy certain elements to bring a breach of contract claim for damages. The elements for a breach of contract claim that must be established are:
Generally, legal costs and attorneys’ fees are not recoverable in a breach of contract case unless the contract expressly states that the prevailing party can recover said fees. At Kasan Law, we seek to resolve breach of contract actions efficiently to minimize our clients’ costs and expenses.
A breached contract can cause the non-breaching party to suffer significant damages, such as incurring additional costs to secure another party to fulfill the contract terms. If the contract is breached, some options available to the non-breaching party for recovery are:
In a breach of contract lawsuit, the court seeks to award damages that make the non-breaching party whole, putting them in the position had the contract been performed. If the court determines an enforceable contract existed and a breach of occurred, the court may award the injured party one or more of the following remedies:
If an agreement is breached or a contract dispute arises, there are various ways to resolve the dispute. In some cases, the parties might be able to negotiate new contract terms to resolve the dispute. Additionally, the parties may utilize mediation or arbitration to resolve the dispute in a mutually acceptable manner. However, litigation might be necessary if the parties are unable to reach an agreement or resolve the contract dispute.
At Kasan Law, our approach to lawyering enables us to efficiently provide creative, flexible, and individually tailored solutions to each client’s specific needs and legal issues. Whether you need to seek damages or equitable remedies or need to defend a breach dispute, our Chicago and Illinois contract dispute and litigation attorneys can help explain your legal options and provide representation through negotiations and, if necessary, in the courtroom. Our consultations are free and carry no obligations.
Contact our Chicago and Illinois contract dispute and litigation attorneys to schedule your free and no-obligation consultation by calling (312) 300-6724, e-mailing us at [email protected], or schedule your consultation online.