Litigation involving an alleged breach of contract can be complex. When one party fails to fulfill their obligations as outlined in a contract, this can lead to disputes, and the other party may take legal action to enforce the contract’s terms. For those who are involved in civil litigation related to contract disputes in Wisconsin, it is important to understand the options that may be available. An experienced attorney can provide legal representation in these cases, ensuring that issues related to contracts will be handled correctly. Depending on the specific facts of a case, available remedies for a breach of contract may include:

1. Specific Performance

In some breach of contract cases, the court may order the party who breached the contract to fulfill their obligations as originally agreed upon. Specific performance is typically granted when monetary damages would not adequately compensate the non-breaching party for the losses they suffered due to the breach or when the breaching party has the ability to fulfill the contract’s terms.

2. Monetary Damages

The most common outcome when one party has been found to be in breach of contract is an award of damages that will be paid by the breaching party to the non-breaching party. There are different types of monetary damages that may be awarded:

Insurance companies across the country do not like to pay claims. Here in Wisconsin, it is no different. 

Once your business is on notice of a loss or a legal claim against it, you should consult with our Milwaukee counsel or notify your insurance company.  While the insurance company will start the claims process and open a file, it is also likely that the company will evaluate whether it can avoid coverage based on the terms and conditions of its policy. 

Level the Playing Field

If your business is facing a significant legal claim and the possibility of a lawsuit, you are going to next receive a reservation of rights letter. Your insurance company may even deny your claim or coverage. If your business finds itself in this position, the sooner you retain a lawyer on its behalf to protect your business, the sooner you can try to level the playing field. 

If you or your business is the subject of a claim or lawsuit, and you have insurance, there is a good chance you might receive one of these letters from the insurance company. What is a “reservation of rights letter,” and how does it impact you or your business?

Often, an insurance company is willing to provide a defense to these claims to protect its insured, as well as the company’s own interests in mitigating damages or disputing liability. However, some of these interests can come into conflict when the insurance company discovers pursuant to its review of the file or further investigation that it may not cover some or all the claims against you or your business in a lawsuit. 

For example, if you are involved in negligent conduct that may expose you to a punitive damage claim, you may receive a reservation of rights letter from the insurance company. You may find it beneficial to consult with an attorney who is experienced in the interplay of potentially covered liability claims and individual claims not covered by any policy.

The COVID-19 pandemic has had far-reaching economic impacts throughout the United States and Wisconsin. However, with funding assistance from the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, Governor Tony Evers and his administration continue to invest in communities and industries throughout the state to promote resiliency and recovery. As of August 2020, the State of Wisconsin has launched a website allowing the public to see how these funds are actually being allocated to different assistance programs and initiatives. This continues Governor Evers’ commitment to more transparency in government.

How Relief Funds Have Been Used

The Governor’s Office reports a total of $1.72 billion in investment so far, with the following programs each receiving funding in the tens of millions or more:

• Routes to Recovery local government reimbursement: Wisconsin has dedicated $200 million in relief funds to aid counties and tribes throughout the state in their response to the pandemic, including emergency operations, personal protective equipment, testing and contact tracing, cleaning and sanitation supplies, and sick leave for public health and safety employees.
• Wisconsin Rental Assistance Program: This program provides up to $3,000 in assistance to eligible Wisconsin residents for the payment of rent and security deposits.
• Hospital funding: This funding assists hospitals in their care of patients with COVID-19 as well as other medical conditions that require treatment in a hospital.
• Healthcare provider payments: An investment of $110 million throughout the state helps ease the burden of emergency medical services providers, long-term care providers, and home- and community-based service providers.
• Wisconsin Farm Support program: This program allows eligible Wisconsin farmers to apply for aid to relieve economic hardship and continue producing food that so many throughout the state and nation rely on.
• Food Security initiative: This plan helps food banks and other nonprofit organizations continue to provide food for families in need while maintaining health and safety standards and prioritizing relationships with Wisconsin farmers and food producers.
• Higher education funding: This investment helps colleges and universities cover expenses related to COVID-19, including increased remote learning and campus health and safety.

By Attorney Jaclyn Kallie

The impact of the COVID-19 outbreak continues to escalate each day. Issues continue to arise both due to the outbreak itself and as a result of our response to it. We will continue to monitor the legal implications of the pandemic and help address legal and practical issues that may arise during this challenging time.

The COVID-19 pandemic presents multiple different types of potential contractual issues.  Of particular importance is a force majeure clause that may be present in a contract. A force majeure clause is intended to address a potential “force of nature” disruption that may excuse performance of a contract. Even if a contract does not have a force majeure clause, it may still be possible to excuse performance under other legal theories, including frustration of purpose.