We all enter into many different contracts throughout our lives. Insurance policies, employment agreements, sales contracts, and other agreements give us both legal rights and responsibilities. Disputes over these rights and responsibilities are common. It is important to address these disputes early in order to prevent more complicated problems in the future. Below is what happens when either party – or both parties – breach a contract. If you have specific questions, reach out to a Chicago contracts attorney.
The first step in any contract dispute is to consider what can be changed. Often, a contract dispute can be resolved by simply allowing the party a little more time, agreeing to a different delivery schedule, or making other small modifications that will cause you much inconvenience. The earlier you can address these problems, the better options you will have for working out disputes and keeping the contract alive. Renegotiating the contract can save both parties time and money – as well as the stress that goes with an unfulfilled contract. Be flexible and open-minded when considering your options. You might find a creative solution that works for everyone.
If a contract cannot be saved, it might be necessary to file a lawsuit for breach of contract. This process starts when your attorney files a complaint with the civil court. Sometimes, the mere act of filing a complaint is enough to get the breaching party to act. You might find that this person is suddenly willing to renegotiate the contract and work out a solution. Sometimes, the breaching party will start performing the contract as usual, simply to get out of the hassle of a lawsuit. Filing a lawsuit shows the other party that you take their breach seriously – and that you are willing to exercise your legal rights under the contract.
Filing a lawsuit does not always get the breaching party to fix the problem. In this case, your lawyer may need to continue preparing your case for trial. There is an extensive investigation period known as discovery. Both attorneys find evidence related to the case and formally disclose it to the other side so that the evidence will be admissible at trial. This evidence comes in the form of documents, written questions, and depositions. This evidence shows each attorney the strengths and weaknesses of their own case – and that of their opponent. As a result, many cases are settled during the discovery process. If not, your attorney will prepare your case for trial and ensure that you are ready for the case to be presented to a jury. This complete process is known as “litigation.”
There are many options for resolving breach of contract issues. The experienced Chicago contract lawyers at Anspach Law Office are here to help you find the solution that is right for you and enforce your contractual rights in court when necessary. Contact us today to schedule a consultation. The sooner you get legal advice, the more options you will have.