Contracts are the foundation of business and personal transactions. They set clear expectations, outline responsibilities, and provide legal remedies when promises aren’t kept. But when one party fails to uphold their end of the agreement, the consequences can be costly—financially, operationally, and reputationally.
At Landsman Saldinger Carroll, we bring decades of experience in contract law and litigation, representing clients in Chicago and throughout Illinois in all types of breach of contract disputes. Whether you’re seeking to enforce a contract, defend against a claim, or resolve the matter through negotiation or trial, our attorneys provide the strategic insight and relentless advocacy needed to protect your interests.
Key Takeaways
- A breach of contract occurs when one party fails to fulfill their obligations under a legally binding agreement.
- You may have legal remedies including damages, contract enforcement, or termination of the agreement.
- When to sue for breach of contract depends on the severity of the breach, the impact on your business or personal interests, and the strength of your case.
- Hiring a breach of contract attorney ensures your rights are protected and your claim is pursued strategically.
- Even verbal contracts can be enforceable in Illinois under certain conditions.
Understanding Breach of Contract Laws in Illinois
A breach of contract occurs when one party fails to perform a duty or obligation specified in an agreement without a valid legal excuse. Breaches can be:
- Material Breaches – Significant violations that undermine the essence of the agreement.
- Minor Breaches – Partial failures that still allow the contract to be completed but may cause damages.
- Anticipatory Breaches – When one party indicates they will not fulfill their obligations before the due date.
Illinois contract law recognizes both written and oral contracts, and the remedies available depend on the nature and terms of the agreement.
When to Sue for Breach of Contract
Deciding when to sue for breach of contract requires careful legal analysis. We generally advise clients to take legal action when:
- The breach causes substantial financial harm.
- Attempts to resolve the matter informally have failed.
- The statute of limitations is approaching (in Illinois, generally 10 years for written contracts and 5 years for oral contracts).
- The other party’s breach is clear and documented.
In some cases, filing suit promptly is critical to preserving evidence and preventing further damages.
Can I Sue for a Verbal Contract Breach?
Yes—verbal contracts can be enforceable in Illinois if you can prove the essential terms and that both parties intended to enter into an agreement. However, certain types of contracts (such as real estate transactions) must be in writing under the Statute of Frauds.
At Landsman Saldinger Carroll, we have successfully litigated disputes involving oral agreements, relying on witness testimony, emails, payment records, and other evidence to establish the terms of the deal.
Litigation Attorney vs. Business Lawyer
While both breach of contract attorneys and business lawyers deal with contracts, their roles differ:
| Breach of Contract Attorney | Business Lawyer |
| Focuses on enforcing or defending contract claims in court. | Drafts, reviews, and advises on contracts to prevent disputes. |
| Skilled in litigation and dispute resolution. | Primarily focused on transactional work and compliance. |
| Experienced in trial advocacy, arbitration, and mediation. | Often resolves matters before they escalate to litigation. |
At Landsman Saldinger Carroll, we combine both skill sets—offering strong business litigation capabilities while also advising on contract interpretation and enforcement to prevent future disputes.
Damages for Breach of Contract
If you prevail in a breach of contract case, potential remedies include:
- Compensatory Damages – Reimbursement for actual losses caused by the breach.
- Consequential Damages – Losses indirectly caused by the breach, if foreseeable.
- Specific Performance – Court order requiring the breaching party to fulfill the contract.
- Rescission – Canceling the contract and restoring the parties to their pre-contract position.
Our team evaluates not only the likelihood of success but also the value of potential recovery before pursuing litigation.
Cost of Hiring a Commercial Litigator
The cost of hiring a lawyer to litigate (prosecute or defend) a breach of contract claim depends on:
- The complexity of the case.
- The length of litigation or negotiation.
- The amount in dispute.
At Landsman Saldinger Carroll, we are transparent about fees and often explore cost-effective alternatives such as mediation or arbitration before resorting to a full trial.
Finding a Lawyer Specializing in Your Type of Breach of Contract
Not all breach of contract cases are the same. The strategy for a commercial contract dispute may differ from that for a partnership agreement or employment contract. When searching for a litigation attorney in Chicago:
- Look for experience in your industry or contract type.
- Ask about case results in similar disputes.
- Ensure they are skilled in both negotiation and courtroom litigation.
At Landsman Saldinger Carroll, we have handled breach of contract cases in many industries including real estate, finance, healthcare, technology, and manufacturing.
How Landsman Saldinger Carroll Approaches Breach of Contract Cases
We bring a strategic, evidence-driven approach to every breach of contract case:
- Case Evaluation – Analyzing the contract and evidence to determine strengths and weaknesses.
- Pre-Litigation Strategy – Attempting resolution through demand letters, negotiation, or mediation.
- Litigation Readiness – Preparing the case as though it will go to trial from day one.
- Aggressive Advocacy – Presenting a compelling case in court, arbitration, or mediation.
- Post-Judgment Enforcement – Ensuring you collect the damages awarded.
Alternative Dispute Resolution for Contract Disputes
While litigation is sometimes necessary, alternative dispute resolution (ADR) methods like mediation or arbitration can resolve contract disputes faster and more privately. We often use ADR to:
- Preserve business relationships.
- Reduce legal costs.
- Maintain confidentiality.
Our firm’s experience in negotiation and settlement makes us well-equipped to secure favorable terms outside of court when it benefits our clients.
Why Choose Landsman Saldinger Carroll
Our litigation attorneys stand out for:
- Proven Trial Success – We’ve won high-value contract disputes in Illinois courts.
- Industry-Specific Knowledge – Tailored strategies based on your business sector.
- Relentless Client Advocacy – We treat every case as if it’s our own.
- Comprehensive Legal Support – From drafting contracts to litigating breaches.
Contact Us
If you believe you have a breach of contract claim—or if you’re defending against one—contact Landsman Saldinger Carroll. We will review your case, explain your legal options, and create a strategy to protect your interests.
