Bloomington Contract Dispute Attorney
When you are facing a contract dispute, contact a Bloomington contract dispute attorney from Pioletti Pioletti & Nichols. In an ideal world, businesses and individuals would enter into contracts and each side would fulfill their part of the agreement with no problems. However, we don’t live in an ideal world and problems around contracts happen. There are many reasons why problems arise.
It could be that the details were not clearly spelled out in the contract or maybe that a contingency was never dealt with in the contract. Whatever the reasons, careful contract preparation will many times take care of problems before they happen. Though, no matter how well a contract has been written, sometimes it is necessary to enforce contracts using the courts. Call a contract dispute attorney in Bloomington, Illinois now.
We write, review, and enforce all types of contracts.
We help prepare, review and negotiate all types of contracts for businesses and individuals. We also handle legal actions where one side commits a breach of contract. The types of contracts we help with include but are not limited to: contracts for the sale or purchase of a business, real estate contracts for the sale or purchase of a home or commercial property, leases, licensing agreements, franchising agreements, buy-sell agreements, and contracts for the sale of goods and services.
Material Breach of Contract
When you are working with another company, you want to ensure that you both abide by the contract. However, when there is a breach of contract, like a material breach, then the heart of the contract is essentially broken. A material breach, also known as a total breach, destroys the very nature of the contract that was made between both parties. Thus, when this kind of breach occurs, the damage cannot be undone. How does a court decide if the breach of contract between you and the other party is a material breach, though? There are a few ways that a Bloomington contract dispute attorney discusses below.
- Can money solve the issue? This is an important question and the follow-up question would be how much money would solve the problem? If the other party breached your contract but there is a certain amount of money that they could pay you to keep the contract in effect, a judge may not consider it a material breach. If there is money or other forms of payments that the other party could pay that you would accept, you could likely continue with the contract.
- What was the heart of the contract? When you work with another party to deliver your goods but they do not give you every detail they promised you, you may be wondering if they committed a material breach. A Bloomington contract dispute attorney may find that no such material breach happened. If you sign a contract with the other party that stated that you were purchasing a boat from them and they promised they would throw in certain items with the boat–kitchen materials, safety equipment, and other tools–but they did not deliver these items, it is not necessarily a material breach of contract. The heart of the contract was about getting the boat and not the extra equipment that it came with.
- What are the losses? It is important to understand what the breaching party might lose if there is a material breach of contract. If the breaching party has already given you most of the items they promised you or conducted most of the work they said they would get done, they stand to lose both time and money. This means that they have, so far, met most of their contractual obligations and you may not be able to say there was a material breach of contract.
- Is it written in the contract? Many contracts are created so that when there is a breach of contract it is clearly stated in the contract. If you believe the other party has committed a material breach of contract, first check the contract to see if it states what would be considered a material breach.
Get Help From a Bloomington Contract Dispute Attorney
Before you sign a contract, often it can be beneficial to have the agreement reviewed by an attorney. If the other side to an agreement does not carry out their end of the deal, you may be entitled to relief for damages that you have suffered as a result of the breach. A Bloomington contract dispute attorney at Pioletti Pioletti & Nichols is ready to assist you with your contract needs.