What legal steps can I take if my Illinois-based construction contractor has breached our contract and is not delivering the project as per our agreement?

If you have entered into a construction contract with an Illinois-based contractor and they breach the agreement by failing to deliver the project as per the agreed-upon terms, you may have legal remedies available to you.

1. Review the Contract

The first step is to review the contract and identify the specific terms that have been breached by the contractor. If the contractor has failed to meet deadlines, provide substandard work, or use subpar materials, those are all potential breaches. Make sure you have documentation to support your claims.

2. Demand Performance

Once you have identified the breach, you should demand that the contractor fulfill their obligations under the contract. This can be done through a written notice, which should include a description of the breach and a deadline for the contractor to cure the breach. You should keep a copy of this notice for your records.

3. Seek Remedies

If the contractor does not cure the breach within the deadline provided in the demand letter, you may be entitled to seek a legal remedy. Possible legal remedies include:

• Termination of the contract: If the breach is serious enough, you may be able to terminate the contract and seek damages for any losses you incurred as a result.
• Damages: You may be entitled to recover damages for any losses you incurred as a result of the contractor's breach. This could include the cost of repairs, the cost of hiring a new contractor, and any other damages you suffered as a result of the breach.
• Specific performance: In some cases, a court may order the contractor to fulfill its obligations under the contract, known as specific performance.

4. Contact an Attorney

It's important to contact an attorney who specializes in construction law to help you navigate your legal options. An attorney can advise you on the strength of your case, the potential remedies available to you, and the best path forward to achieve your desired outcome.

Limitations and Exceptions

There may be limitations to your legal remedies depending on the specific terms of your contract and the nature of the breach. For example, if your contract includes a clause that limits liability or waiver of certain damages, you may not be able to recover certain types of damages. Additionally, there may be exceptions to the general advice provided depending on the specific facts of your case, so it's important to consult with an attorney to get advice tailored to your particular situation.

Further Action

If the contractor does not cure the breach or if you are unable to reach a resolution through legal remedies, you may need to pursue litigation. In this case, you would need to file a lawsuit against the contractor. An attorney can help you prepare and file the necessary paperwork, as well as represent you in court if necessary.