Breach of Contract
A breach of contract can have devastating consequences for your business. Call us today to see how we can help.
Contracts are the backbone of many business relationships. Businesses rely on other individuals and parties to help them run day-to-day operations and achieve overall success. Contracts help dictate exactly what is expected of each party so the relationships can run smoothly. However, sometimes a party will violate the terms of a contract; and, when this occurs it can devastate a business. If you believe someone breached a contract or if you were accused of being in breach of a contract, the experienced Houston business litigation attorneys at Mejias Lindsay PLLC can help. We can analyze the intricate details of your situation and advise you on the best course of action.
What Is A Contract?
Most people think of a contract as a signed piece of paper, but Texas law actually defines a contract as containing two requirements: (1) all the parties involved must be in agreement and (2) something of value must be exchanged. With this broad definition, contracts can either be written or oral; however, Texas law does require some contracts be written in order for them to be valid. These types of contracts include:
- Contracts for the sale of real estate
- Lease agreements for terms longer than one year
- Marriage certificates
- Contracts for the sale of securities
- Contracts for the sale of goods over $500
- Contracts to assume the duty of another
How Breaches Happen
A breach of contract can happen in a variety of circumstances. Some of the most commonly breached contracts include employment contracts, nondisclosure agreements, non-competes, real estate contracts, contracts for services, and the purchase and sale of goods. Sometimes the breaching party may not be aware they are violating the contract or are economically unable to fulfill their promises as written in the contract. However, other times a breach of contract is an intentional act. A person might decide to breach a contract if there is a business dispute or if they believe the other party failed to uphold its duties to the business.
What To Do After A Breach of Contract
When contracts are broken, emotions can quickly rise, but it is important not to let your emotions compromise the situation. If you suspect a breach of contract occurred, you should immediately contact an attorney. An experienced breach of contract attorney will be able to analyze the situation at hand, determine the best course of action, and ensure your rights and assets are protected. It is important to speak to anyone, including the other party, before discussing your circumstances with your attorney.
Damages In Breach of Contract Disputes
Breach of contract victims can seek a variety of types of compensation from the breaching party. Some of the most common damages in breach of contract disputes include:
- Compensatory – These damages are meant to replace the loss caused by the breach.
- Consequential – Sometimes referred to as “special damages,” consequential damages cover the cost of special circumstances caused by a breach, like the cost of hiring someone to complete an unfinished job.
- Punitive – Punitive damages do not serve to compensate the victim, but rather to punish the party in breach.
- Liquidated – Sometimes the contract specifies what damages will be paid if the contract is broken. These damages are called liquidated damages.
Houston Breach of Contract Attorneys
Not every breach of contract dispute has to end business relationships. The experienced Houston breach of contract lawyers at Mejias Lindsay PLLC believe each solution is unique to the client. Our lawyers can analyze the terms of a contract and determine the best way to proceed, whether it’s through court proceedings or out of court settlements. If you agreed to a contract that is not being upheld, or if you have been accused of not upholding your end of a contract, contact the Houston breach of contract lawyers today for a free and confidential consultation.