Experienced Contract Attorneys in Naperville, Illinois
The Fitzgerald Law Firm, P.C. is a reputable law firm dedicated to representing clients in contract dispute issues, including business and transactional agreements, or even individual contracts. If you are dealing with a contract dispute—or even engaged in the process of drafting a contract with another party—it is crucial that you obtain assistance from an experienced contract attorney. The terms included and the interpretation of these terms in a contract can make or break a given contract dispute and be used to challenge a contract’s validity.
Drafting Is Key
The easiest way to ensure that a contract is viable and enforceable is to obtain the assistance of a strong contract attorney initially during the drafting process. The clearer various key terms and phrases are, the easier it is to defend them and the more legally binding they are in terms of representing your interests. If and when these terms are unclear, parties can end up in a contract dispute due to the wrong performance or even an inability to perform. The stronger and clearer the critical terms, the easier it is to see what the parties intended with their contract and who failed to perform (if a dispute arises).
Inability to Perform
In addition to unclear terms, a party’s inability to perform their part of a contract—for whatever reason—and/or their refusal to perform their obligations can also give rise to a contract dispute. Regardless, when a party comes to rely on the terms of a contract, the other party failing to perform can cost the reliant party a lot in terms of financial damages and even other damages, such as reputation and customer loyalty.
Illinois Law
One of the most common areas of commercial litigation involves breach of contract, whereby one party fails to perform under an established contract. In Illinois, in order to bring a successful breach of contract claim, there must be a valid contract, which one party followed (the plaintiff) and the other party breached (the defendant), and resulting injuries. Courts will seek to restore the plaintiff to the same level (in terms of damages) had the contract actually been performed.
However, determining whether a party has breached a contract is not always easy, especially if the terms of the contract are vague and aside from an obvious failure to perform. The party that breached may also assert defenses to try and justify the breach. In some instances, your attorney will need to consult with and rely upon experts in the trade industry in order to successfully bring a case.
Let The Fitzgerald Law Firm, P.C. Help You
At the Fitzgerald Law Firm, P.C., we are here to answer your questions about any issues or disputes. We will help educate you about your options and work with you every step of the way to ensure that you are satisfied. With over 16 years of experience practicing locally here in Illinois, we represent individuals and businesses of all sizes and types. Contact us online or by phone at (630) 946-6060 today for a free consultation.