Naperville, IL asked in Business Law, Construction Law and Contracts for Illinois

Q: My general contractor is breaching the contract again, how could we handle this?

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1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of breach, you as the non-breaching party must be in compliance with the terms of the agreement and you must cover. Cover means that you take appropriate and timely action to minimize the damages caused to you by the other parties breach. Also remember that if you are going to declare a party in breach, the typical contract gives the offending party an opportunity to cure - meaning they have a chance to make things right.

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