Contract Lawyer Houston
At the core of any business transaction, there is a contract that dictates the relationship between parties. A breach of contract occurs when that agreement is violated.
A breach of contract can occur either when one party fails to perform a promise made or otherwise violates a term of the agreement. Contract disputes can arise from disagreements with partners, vendors, customers, other businesses, or third parties. Any time a party acts unlawfully to a binding and legally enforceable contract, a breach of contract has occurred.
Breach of contract can be either material or non-material, and the level of the breach often dictates the level of response and whether the relationship can be salvaged. There is a concept called anticipatory breach, where a party indicates that it will breach the agreement or fail to comply with essential terms. This can result in damages for the other party to the contract.
Remedies for a Contract Breach
Under Texas law, various remedies are available for breach of contract, including:
- Actual damages, or the actual monetary damages a party suffers as a result of the breach
- Reliance damages or the damages sustained as a result of one party relying on the promise of another
- Restitution, or costs paid to make the injured party whole again
- Specific performance of the terms of the contract by the breaching party
- Revision of the agreement to more accurately reflect the conditions based on one party’s partial performance
- Rescission of the agreement to cancel the promises made by all parties
The Curley Law Firm’s contract lawyer in Houston has experience representing clients in a wide variety of contract disputes. He helps clients navigate the initial dispute process, the court process, and the resolution process when they encounter a breach of contract. He also has experience both prosecuting and defending breach of contract claims and can work with you to determine the best course of action whenever a contract dispute arises.
Contract disputes can arise in any number of contexts. The Curley Law Firm has helped prosecute and defend breaches occurring from:
- Sales orders/work orders/purchase agreements
- Non-compete and non-solicitation agreements
- Partnership/shareholder/business ownership disputes
- Management agreements
- Operating agreements
- Licensing agreements
- Franchise agreements
- Vendor relationships
- Shareholder agreements
- Interference with existing or prospective business relationships
- Equitable Remedies
In some circumstances, there may be a significant hurdle to proving that an agreement or contract existed. This situation occurs when the deal was not written, or when the deal is unenforceable for some reason. In such an instance, a party can request that a court provide an equitable remedy to resolve the dispute. This is called quantum meruit, which means the payment of a reasonable sum for services rendered or work done when a legally enforceable agreement does not stipulate the amount due.
Tortious interference is a separate cause of action from breach of contract but arises in business contexts where contracts are often at issue. Tortious interference occurs whenever a third party interferes with a business relationship between two parties. Tortious interference of contract occurs whenever a third party interferes with a formal contractual relationship. Tortious interference with a business relationship occurs whenever a third party interferes with a relationship that has not yet been formalized, resulting in the relationship not going forward.