FEDERALDistrict Court, N.D. Illinois
2009

Ner Tamid Congregation of N. Town v. Krivoruchko

638 F. Supp. 2d 913District Court, N.D. Illinois • Decided 2009Enforced
Force MajeureCited 13 times

HOLDING

A real estate developer agreed to buy property from a congregation but refused to close because he couldn't get his preferred financing. The contract had no financing contingency clause. The court ruled the developer must perform the contract anyway—his financing problems don't excuse him from paying. This matters to subcontractors because it shows courts enforce contracts as written, even when circumstances change.

KEY FINDINGS

Force Majeure

Always include contingency clauses in contracts if your payment depends on financing, permits, or other conditions outside your control. Without them, you're liable even if those conditions fail.

FULL COURT OPINION