By Attorney Chris Strohbehn

Civil litigation is the legal term for a conflict being settled in court. These conflicts can be between two or more parties, and they typically involve business deals and/or monetary disputes. If the parties, also known as the plaintiff and the defendant, cannot come to an agreement themselves, they will take the case to court to have a judge or jury make a final decision. Civil litigation cases have a specific procedure that is followed to ensure that all of the parties have a fair legal hearing.

By Attorney Jaclyn Kallie and Law Clerk Nathan Froemming

Contracts are important for any business, and if the terms of a contract are not followed, this can have a significant impact on a company’s bottom line. If a party is not meeting their contractual obligations, you might wonder what options you have. In a breach of contract case, you may be able to seek multiple types of remedies, including:

1. Liquidated Damages

Liquidated damages are available when the contract at issue has a clause setting damages in the event of a breach. While this may seem like a straightforward provision, there are often arguments that can be made that would call into question whether liquidated damages are appropriate under the specific circumstances in your case. For example, the contract may provide for liquidated damages only under certain types of breach.

Commercial lease disputes can be costly and complex, due to long lease terms and the large amounts of rent payments involved. Often, once one side believes that there has been a breach of the lease, the most efficient way to resolve the problem is to bring in legal professionals who are experienced in commercial real estate and contract law.

A dispute between a commercial landlord and tenant is typically a contract issue at heart, with the lease being the controlling contract. There are numerous laws and cases that will determine what the various clauses of the lease mean in your case. Here are a few examples of common commercial lease disputes:

Vaguely Drafted Lease

If a lease is not properly drafted, commercial lease disputes are bound to occur. The key to properly drafting a lease is being clear as to what each party’s obligations and rights are. For example, the lease should state the proper person or entity who is leasing the property, what rights the tenant has to common areas, what renewal options are available, and what utilities are included in the lease. 

When you agree to a contract, you expect that it will be honored. You will likely also take future actions based on the presumption that the agreement will be kept. When a party breaches a contract, the other parties to that contract have legal recourse and can bring a civil lawsuit.

Identifying a Breach of Contract

The first step in pursuing a civil lawsuit for breach of contract is identifying that there has been a breach. A breach can occur one of three ways:

• Failing to perform as promised.
• Making it impossible for the other party to perform.
• Repudiating the contract (communicating an intent not to perform).

Breach of Contract Damages

Next, you must determine what types of damages are available. Sometimes, the contract itself will set damages in case of a breach. These types of damages are called liquidated damages. If there is no such provision, or if such a provision is determined by the court to be unenforceable, the court will consider two other major types of damages.

Contractors and construction companies take a great deal of pride in their work ensuring that the buildings and construction projects they work on meet standards for quality and safety. Unfortunately, situations can occur in which a contractor is accused of performing shoddy or substandard work, and allegations of construction defects may involve damage to a property or bodily injuries. If you are facing these types of allegations, it is important to work with a skilled commercial litigation attorney who can help protect your rights and provide you with a defense against these claims.

How Can a Wisconsin Litigation Attorney Help?

An attorney can provide a wide variety of services in cases involving construction defects, including: