Our DuPage contract litigation attorneys are attentive and provide superior representation with cost effective rates. If you are involved in a breach of contract matter or other contract dispute, our experience will put you in the best position to succeed.
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DuPage Breach of Contract Attorneys
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Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.
DuPage County contract dispute lawyer explains the appeals process for contract litigation.
In this article, our DuPage contract litigation attorneys explain some common defenses to breach of contract claims:
Material breach: If the other party materially breached the contract, you will no longer be bound to uphold your end of the contract.
Anticipatory repudiation: If the other party says or does something to make you reasonably believe he or she will not honor the contract, this is a defense to your own breach of the contract.
Duress: Contracts are invalid if one party was forced to sign the contract under physical or economic duress.
Some other common defenses include a mutual mistake, fraud, undue influence and impracticability of performance.
Our DuPage contract litigation attorneys explain motions to dismiss in contract disputes.
In this article, our DuPage County breach of contract lawyers explain how motions to dismiss work in contract litigation. A contract litigation case is initated by filing a complaint with the DuPage County circuit court, setting forth allegations that, if true, would amount to a cause of action for breach of contract. If the complaint fails to state allegations that would amount to a cause of action for breach of contract, it can be dismissed with a motion to dismiss under Illinois Supreme Court Rule 215. If there is some other fact that would defeat the complaint, other than simply a disagreement with the allegations stated in the complaint, the complaint may be dismissed with a Rule 2-619 motion to dismiss. If the order dismissing the complaint states that the complaint is dismissed without prejudice, the plaintiff is given the opportunity to correct any problems with the complaint and refile it. If the complaint is dismissed without prejudice, the case is over and the defendant's only option is to appeal the order dismissing the complaint (see the video on appeals in contract litigation above).
DuPage contract litigation lawyer Kevin O'Flaherty discusses employment agreements and independent contractor agreements.
In this article, our DuPage contract dispute attorneys explain attorney fee clauses in contracts. The general rule in contract litigation is that each side is responsible for his or her own attorney fees and court costs, even if he or she wins the case. However, most contracts that are drafted by an attorney contain an enforcement clause, which provides that if there is a legal dispute over the contract, the loser will be responsible for reimbursing the winner for his or her reasonable attorney fees and court costs.
Our DuPage breach of contract attorneys recommend including enforcement clauises in your contracts for two reasons. First, if the losing party has to pay the attorney fees of the winning party, this tends to deter frivolous litigation. Second, enforcement clauses make it economically feasible to enforce your rights under a contract even if your other damages are not astronomical.