We work with clients throughout the State of Illinois, including the Chicago area and DuPage County, as well as in Wisconsin and Indiana. Lubin Austermuehle, P.C.’s Chicago contract lawsuit attorneys maintain offices in Chicago and Elmhurst, Illinois. A defendant in a breach of contract claim may dispute the claimed damages, or may dispute liability by showing that the plaintiff was also in breach of the contract, thus negating the breach claim. Both parties to a contract must have been aware of the intent to enter into a contract at the time they allegedly made the agreement, and in the case of a contract with a business, the person making the agreement must have had the authority to bind the business. Breach of Contract DefenseĪ first step in defending against a breach of contract claim may be to challenge the enforceability, or the existence, of a contract. Our contract lawsuit attorneys can advise Chicago clients on which types of remedies they may be able to seek. In some situations, such as a real estate sales contract, a party can claim “specific performance,” meaning the party in breach must fulfill its contractual obligations rather than pay monetary damages. That party must also prove damages, which could be the amount expended in reliance on the other party’s performance of the contract, or the amount of value the party expected to obtain but for the breach of the contract. To enforce a contract, the party claiming breach must show the existence of a valid and binding contract and demonstrate the breach. Except in certain circumstances, a contract need not be in writing to be enforceable, although the burden is on the party claiming breach to prove the existence of a contract. A party’s contribution to the agreement, known as “consideration,” could involve payment of money or something else of value, abstention from a specific action, or a promise to perform a service or other action. Business contracts: partnership agreements, business sales and merger agreements, investment and capital agreements, joint venture agreements, franchise agreements, disputes over fair market value.Ī contract is essentially any agreement in which one party makes an offer, another party accepts, and both parties are obligated to do something.Real estate contracts: real property sales contracts, lease agreements.
If one party to a contract fails to fulfill its obligations, another party may recover damages for breach of contract. Nearly every relationship between businesses, or between a business and an individual, is based on a contract. Businesses depend on the services and support of other businesses and individuals in order to operate.