Providing Experienced Breach Of Contract Representation
Businesses of all types and sizes readily rely upon contracts to ensure that parties meet their obligations. Our breach of contract lawyers bring not only their experience in handling contract litigation all the way to verdict but also a creative perspective on finding the best and most efficient way to enforce your rights. When a breach of contract occurs, an attorney can help you obtain legal recourse. At Dunham LLP, we are experienced in enforcing the contract rights of companies and individuals.
As business litigation attorneys, we are frequently approached by parties that need our representation to assert their contract rights and obtain damages.
The Issues We Handle
We have handled claims of breach of contract on behalf of businesses and individuals arising from many types of agreements, including:
- LLC operating agreements
- Shareholder agreements
- Agreements between the founding LLC members
- Partnership agreements
- Nondisclosure business agreements
- Asset purchase agreements
- Stock option agreements
- Breach of real estate contracts
- Buy-sell agreements
- Licensing agreements dealing with intellectual property
- Noncompete agreement matters
- Settlement agreements
Our breach of contract lawyers are based in Austin, Texas, and represent clients not only in Austin but also throughout Texas and across the country. Our founder is AV Preeminent peer-review rated* through Martindale-Hubbell, which is the highest peer-review rating given for legal proficiency and ethics.
Frequently Asked Questions About Breaches Of Contract
Our lawyers at Dunham LLP are here to help Austin, Texas, communities. With more than 30 years of litigation experience, we have helped countless clients. One of the best ways we do that is by providing clear and accurate answers to any questions about contract breaches. Here are answers to some of the ones we hear the most:
What elements constitute a valid contract in Texas?
Handshake deals are still not a thing of the past – but handshake agreements are typically hard to enforce in court. In Texas, a contract must meet certain criteria before it is considered valid. Every contract begins with set terms, no matter how simple or complex it may be. The language of the contract must be clearly communicated and unambiguous. Ultimately, a valid contract must have:
- An offer: Made by one party with terms that would be binding if accepted
- Acceptance: The second party’s agreement to be bound by the offer
- Consideration: The exchange of something of value for both sides, whether goods, money or services
- Intent: Both parties must intend for the agreement to be binding
Typically, a contract is agreed upon and validated with signatures from involved parties. A lawyer can help draft and review a contract to reduce issues of liability. If a party is unwilling to follow the terms defined in a valid contract, our attorneys can review and enforce the contract rights or take steps to obtain damages.
How can I prove that a valid contract existed?
If all the elements of a contract are present (offer, acceptance, consideration and intent) that can be sufficient. When any one of those elements is in dispute – such as intent – then the court will generally look at each party’s contractual capacity, the written documentation, eyewitness testimonies and the purpose of the agreement to determine if it is valid.
What is the difference between a material and a nonmaterial breach of contract?
A nonmaterial breach, also referred to as a minor breach, is a small, largely inconvenient issue. Typically, nonmaterial breaches do not cause any meaningful issues or serious damages. In other words, the contract was still largely fulfilled, and little or no harm was done.
A material breach means that one party failed to meet a substantial part of the contract’s terms, which usually defeats the purpose of the contract and causes significant damages to the other party.
An example of the difference would be a company delivering promotional materials to another business a day later than agreed but still well before the day of the event, as opposed to not delivering the promo materials until after the event has passed. The first would be a nonmaterial breach, while the second would be a material breach.
Can a verbal contract be enforced in Texas?
Depending on the circumstances, a verbal contract could be enforced in Texas. However, a majority of contracts, especially complex business contracts, should be kept in writing. Written contracts are easier to enforce under Texas laws. Some agreements can only be made in writing, such as the sale of real estate or goods.
What type of damages can I recover in a breach of contract case?
Typically, compensatory damages can be recovered if the breaching party’s actions or lack thereof caused the nonbreaching party to experience actual financial losses. These damages can cover:
- Lost profits
- Loss of future profits
- Repair or replacement costs
- Attorney’s fees
- Compensation for time wasted
In some cases, monetary damages are not enough to satisfy a contract breach. The nonbreaching party may seek to void the contract, order the breaching party to fulfill some contractual obligation or change the condition of the contract.
How long do I have to file a breach of contract lawsuit in Texas?
Texas statute of limitation for contract breaches is four years from the date of the breach. Failing to file before four years typically means that the nonbreaching party cannot pursue the breaching party.
Can a contract be terminated if there is a nonmaterial breach?
Generally speaking, a valid contract cannot be terminated by the nonbreaching party without penalties.
Contact Our Breach Of Contract Attorneys For A Consultation Regarding Your Claims
We combine our experience in contract litigation with a willingness to use creative and incentive-based fee arrangements, different from the high hourly rates of large firms. Unlike many larger firms, Dunham LLP frequently offers clients the benefits of contingency fee arrangements or a hybrid fee arrangement (a combination of reduced hourly rates and reduced contingency rates). When you need effective and aggressive representation from a lawyer experienced in breach of contract litigation in Austin, Texas, or elsewhere, we are here to help. Contact us online to discuss your case or call 512-764-3986.