News
Elvis D. Gonzalez recently obtained dismissal with prejudice of a Complaint filed against his client arising out of a strip mall development project.
The case began when Mr. Gonzalez's client engaged an architectural firm to provide services in connection with a planned strip mall. However, when financial conditions changed, Mr. Gonzalez's client pulled out of the project. Although the parties' agreement was clear about the payment of services, the architecture firm filed suit, seeking sums to which it was not entitled.
Mr. Gonzalez avoided long, protracted litigation by seizing on a contractual clause that required the parties to mediate any disputes prior to pursuing litigation. Although alternative dispute resolution (ADR) terms are not unusual, this particular provision contained language, which made ADR a required condition prior to bringing suit. As no attempts to mediate the dispute were made prior to filing the lawsuit, the plaintiff had not complied with its contract, and had arguably waived any right to bring the case. As a result, Mr. Gonzalez aggressively threatened the plaintiff's attorney with sanctions, who voluntarily dismissed the lawsuit with prejudice within weeks.
About Elvis Gonzalez, Ltd.
Elvis Gonzalez, Ltd. is based in Chicago, Illinois, and provides quality litigation and general business counseling services to clients in a highly personalized, cost-effective manner. Its principal, Elvis D. Gonzalez, works with businesses and organizations of all types to solve the legal challenges they face, and more importantly, to avoid them in the first instance. For more information, please visit www.elvisgonzalezltd.com.
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