Texas Breach of Contract Lawyer Represents Businesses and Consumers
Kerrville attorney resolves contract disagreements capably and cost-effectively
When you make a deal, you expect the other party to hold up their end of the bargain. Yet parties to a contract don’t always perform as promised. When you find yourself on either side of a breach of contract dispute, you need professional legal support from an experienced Texas breach of contract lawyer. At the Law Firm of Richard L. Ellison, P.C., I draw on more than 40 years of business law experience to resolve contract disputes quickly and cost-effectively, for plaintiffs and defendants, businesses and consumers.
What is breach of contract?
A breach of contract is a broken promise. But unlike a broken pact between friends that can leave you disappointed and without recourse, the promise in a contract is legally enforceable and entitles you to a remedy. The first question the law asks is whether the contract contains the necessary elements to be valid, including an exchange of specific promises and consideration offered to seal the deal. Texas law will enforce some oral contracts, though such agreements can be hard to prove, and the Texas Business and Commerce Code requires that contracts for certain services must be in writing.
If you have a valid contract, the next question is whether the agreement has been broken. Often, a party will announce ahead of time their intention not to perform. This is called an anticipatory breach. Essentially, the party is admitting that circumstances have arisen that prevent them from fulfilling their promise. An anticipatory breach gives the nonbreaching party notice, which allows them, even obligates them, to look elsewhere for services that will mitigate the damage from the impending breach. An actual breach occurs when one party fails to perform. Two sides often disagree about whether one party’s performance aligned with the contract or was insufficient to the point that it constitutes a breach.
Another question that frequently arises is whether the breach was material or minor. This is a matter of degree. A material breach is so serious that it prevents the other terms of the contract from being fulfilled, while a minor breach allows the agreement to stand, with some sort of remedy going to the victimized party.
Common breach of contract cases in Texas
My firm represents clients in business disputes involving the following allegations:
- Failure to deliver goods or perform services
- Failure to make payment
- Breach of employment contract
- Contractual violations giving rise to Texas real estate disputes
- Failure to perform in accord with construction contracts
- Breach of franchise agreements
- Intellectual property license violations
We assist clients on either side of such business disputes.
Important elements in a breach of contract legal case
In order to enforce a contract after a breach, you have to be able to prove that the contract is valid, and the terms are specific enough to determine if a breach has in fact happened. From there, you need to be able to calculate damages and identify a suitable remedy, such as:
- Compensatory damages — Reimbursement for financial losses suffered
- Restitution — Payment to restore the nonbreaching party to their pre-contract position
- Liquidated damages — The breach remedy stated in the contract
- Nominal damages — A symbolic amount awarded when no true harm was done
- Quantum meruit — The reasonable value of the work completed before a contract was breached
- Specific performance — Requiring the breaching party to perform their contractual obligation to restore equity
- Punitive damages — Awarded only in cases of grievous misconduct, this award punishes offensive actions
We have successfully resolved many Texas cases in negotiations and at trial in the courts of Kerr and Gillespie counties.
Breach of contract defenses
Along with parties who claim they are victims of a contract violation, my firm also represents businesses and individuals who are accused of a breach. A common defense in these cases is that the contract was never valid from the start because the agreement was only made as a result of fraud, duress or a party’s incapacity. It is also possible to cancel a contract obligation by proving that the language in question was a mistake or because the deal involved illegal conduct.
Contact an experienced Texas attorney for breach of contract litigation
The Law Firm of Richard L. Ellison, P.C. in Kerrville, TX represents business and consumers engaged in breach of contract disputes. To schedule an appointment, call me at 830-955-8168 or contact me online.