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Recent Blog Posts
Illinois Commercial Litigation FAQs: Part 1
You did not get into business hoping to be dragged into court. However, sometimes the only way to protect your business is through a lawsuit. Commercial litigation is intimidating and mysterious to many business owners. If someone is threatening to file a lawsuit against you, or if you believe you may need to file a lawsuit to protect your investment or business, you need to understand your rights and how the litigation process works. Below are several common questions businesses have about commercial litigation.
What Are Some Common Types of Commercial Disputes?
Commercial litigation covers almost every type of legal problem a business can run into. Some of the most common types of commercial disputes include:- Breach of contract
- Problems with government agencies
- Employment disputes
- Fraud
- Interference with a business relationship
Illinois Commercial Litigation FAQs: Part 2
Commercial litigation can be a complex area of law and especially confusing in the wake of a lawsuit. It is important to understand your rights as a business owner and the litigation process overall. In the first part of our series, we reviewed a few frequently asked questions (FAQs). Below are some additional matters you should be aware of regarding commercial litigation.
What Should I Do if I Think the Company May Get Sued?
If you have reason to believe that you or your business may be sued, you need to take action to preserve all documents potentially related to the lawsuit. This also includes documents in electronic form such as emails and text messages. Failure to preserve these documents can harm your case and result in severe penalties. You should also speak with a lawyer immediately to develop a plan of action. You should not wait for a lawsuit to be filed before meeting with a lawyer.
Resolving a Commercial Real Estate Dispute
Commercial real estate disputes can be frustrating, complex, extremely costly. Thankfully, there may be ways to solve issues with less stress, money, and effort. Learn more about resolving your commercial real estate dispute, including when to seek assistance from a legal professional, with help from the following information.
Types of Commercial Real Estate Disputes
Disputes in commercial real estate are, most often, related to contracts, development, land use, or title issues. For example, land developers may experience arguments or potential litigation over:
- Tenant's breach of a commercial lease;
- Tenant's use of property;
- Fair market value of the home;
- Construction development contracts;
- Worksite personal injury cases;
- Easements preventing the intended use of land or property;
Preparing Your Commercial Real Estate Property for Premises Liability
The success and overall performance of a commercial property depends on a variety of factors. Perhaps one of the most influential is the way that owners (both property and business owner) handle and prevent personal injury liability situations. Bound to occur at some point, these incidents can cost all involved parties a great deal of time and money. Thankfully, the following sections can help you learn how preparing your commercial real estate property for premises liability can help to protect your asset (and your bottom line).
The Potential Consequences of Ineffective Premises Liability Protection
During the year 2017, more than 53,000 personal injury cases were filed in the United States. Many of these cases likely ended in a settlement, but not all. In either case, these lawsuits cause business and property owners to lose millions of dollars on an annual basis. Attorney fees, settlements, and court costs are just a fraction of the costs that can be associated with such cases. Money may not be the only loss that a business or property owner experiences; one's reputation and image can also be irretrievably damaged if the case goes poorly or receives a lot of publicity.
Condominium Owners Have Limited Protection Against Their HOA Board
When condominium owners purchase a unit and pay their HOA dues, they rightfully expect that the Association will hold up their end of the contract. Unfortunately, this is not always the case. Even more concerning is that condo owners often have the deck stacked against them when it comes to resolving civil disputes with an HOA. For this reason, it is important that owners know and understand their rights, limitations, and most plausible course of action when an issue arises.
Withholding HOA Dues to Force Association Compliance
Seven years ago, an Illinois woman entered a civil suit with her HOA board. She wanted to sell her condominium, but the HOA allegedly refused to repair a leak that was causing damage to her property. She began to withhold her dues in hopes of forcing compliance, but it all ended up backfiring. Not only did she fail to win her case, she was forced to pay her own legal fees, her Association's legal fees, and the past due HOA fees. She also ended up making the repairs herself.
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630-778-3818
