When You Need a Lawyer Who Will Fight for You

Breach of Contract

Contracts are the cornerstone of business. They define your legal obligations and relationships with the people you do business with. If you find yourself embroiled in a contract dispute, it can quickly compromise your ability to do business. For this reason, it is critical that you consult one of our experienced contract attorneys to resolve any contract disputes as quickly as possible and protect the interests of your business.

Contracts are written or spoken promises between two parties, meant to protect each party's interest in a business deal. In a contract, each party promises to pay a certain amount or perform a certain duty. These agreements are usually binding and legally enforceable. If one side does not keep the agreement, the other party can seek legal recourse.

A breach of contract occurs when one party to the contract does not fulfill its obligation. If one party fails to pay an agreed upon amount or fails to perform within a specified time frame, or at all, the other party is entitled to pursue legal remedies for breach of contract.

There are four specific elements that must be present in order to have a breach of contract claim in Illinois: (1) the existence of a valid, enforceable contract, (2) performance by the plaintiff, (3) failure to perform by the defendant (4) injury to the plaintiff. If all of these elements are present, the damaged party may sue for breach of contract and recover damages. Damages awarded should be consistent with what the non-breaching party would have received had the contract been performed. Types of damages include:

  1. Compensatory damages: The breaching party (defendant) may be ordered to pay a monetary award to the plaintiff to compensate for money lost as a result of the breach of contract.
  2. Restitution: A court may order the defendant to pay back the amount the aggrieved party initially paid, in order to make the plaintiff "whole" again.
  3. Specific performance: The breaching party can be forced by the court to deliver the goods or perform the service that the contract specifies.
  4. Punitive damages: If a breach of contract seems especially egregious, the court may award punitive damages to punish the breaching party.

If you believe that you have been damaged by a breach of contract, your lawyer should check your contract for any instructions that will dictate how you proceed. For example, there may be a clause in your contract that requires you to follow certain protocol--such as mediation or arbitration-- in the event of a breach of contract. Next, your lawyer will let the other party know that there is a breach to give them an opportunity to remedy the situation.

The experienced attorneys at The Collins Law Firm can help you determine if you have a breach of contract case and what legal remedies are available. We know how to draw up favorable contracts for our clients and aggressively pursue those who breach, or attempt to breach, our clients' contracts. We have extensive experience in analyzing contract disputes and the laws governing contractual agreements. We can help you decide whether to resolve a breach of contract through a business solution or by pursuing litigation. It may be that the only remedy is to litigate. In that event, our experienced contract attorneys know the laws, filing procedures and deadlines that will apply. Either way, we have the competence and experience to find a resolution to your contract dispute, without hindering your ability to do business.

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Client Reviews
★★★★★
Shawn Collins is a very talented lawyer, as are all the attorneys on his team. I've known and worked with Shawn for more that 30 years. Not only is he a top notch technical litigator but his communication skills are second to none. If anyone I know is ever in need of an attorney, Shawn is my very first recommendation. He gives very solid advice that goes beyond the law. He is someone you can trust to tell you the truth so you are not lead astray in the complex legal world. You really can't find a better advocate. E.M.
★★★★★
We were incredibly satisfied with our experience with The Collins Law Firm. We worked closely with Ed Manzke and found that he had a personal touch and truly got to know us in addition to being knowledgeable and effective in his field. The caring and individual attitude helped us tremendously throughout the entire process and we always felt like our case was in safe hands. We would highly recommend The Collins Law Firm for both its stellar work and dedicated employees. M.A.
★★★★★
My father recommended The Collins Law Firm to me after watching Shawn Collins and Ed Manzke at trial representing Lisle residents against Lockformer. For years, he told us courtroom tales about Shawn and Ed, citing their incredible skill as trial lawyers and how they put the huge Lockformer legal team to shame. So when my son was the victim of a wrongful death, they were my first and only choice. I can't say enough to truly express how grateful I am to The Collin's Law Firm for all that they did for me and my family. This amazing team advocated for me in my darkest moments, surpassing my expectations in every way. I will be forever grateful to Shawn and Ed. K.D.
★★★★★
I have worked with Rob, Shawn and The Collins Law Firm team in connection with both complex business transactions and litigation over the past several years. Shawn is far and away the best business litigation attorney I have worked with. Rob has been our lead attorney on M&A and corporate restructures, and he has delivered each time, and on time. I would highly recommend Rob to get the deal done! W.D.
★★★★★
Rob has been our out-side General Counsel for ten years. As a business with a global presence, it is important that we have the very best legal representation. Rob and the team have guided us through litigation battles, negotiating and drafting our important business contracts, and advising us in our business strategies. He has a great team of lawyers working with him. M.F.