Contracts are central to most business transactions. Houston contract lawyer, Trey Barton can help you prevent or mitigate the damage that may result from a breach of contract.

When the other party violates or “breaches” your good faith contract, it can be disheartening, at best. Whether the contract is breached by a partner, vendor or third party, you can find justice. 

What Does a Breach of Contract Mean?

Put simply, a breach of contract occurs when the obligations to which you agreed, have been met. But, the other party failed to fulfill their contractual responsibilities. Within the contract, the terms were clear– who was responsible for what, when, and at what cost. Unfortunately, the other party failed to meet their agreements and caused you to incur damages.

Although you may have already tried to compel the other party to fulfill their contractual duties, they have continued not to uphold the agreement terms. In such a matter, a Houston breach of contract attorney can help.

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Should You File a Breach of Contract Lawsuit? 

Before you proceed in filing a lawsuit, you should always consult with an experienced Houston breach of contract attorney. There may be a way to come to an agreement to avoid the legal costs of filing a lawsuit. Seasoned commercial attorneys can sometimes facilitate peaceful resolutions, even after your efforts as the contract holder, have failed.

If you’re thinking about filing a breach of contract lawsuit in Houston, you should ask yourself the following questions:

  1. Can you prove the other party, or prospective defendant, had a contractual duty to you, the prospective plaintiff? The contract must specifically outline the terms and conditions.
  2. Did the prospective defendant fail to fulfill their contractual duty to you? You must be able to prove, objectively, what the other party failed to do, per the terms of the contract.
  3. If you win a civil lawsuit for his or her breach of contract, how likely are you to collect monetary damages? If the other party doesn’t have the ability or means to pay the judgement, you won’t gain much from a civil lawsuit. However, an experienced breach of contract attorney may be able to form a compromise that satisfies the needs of all parties involved.

What is the Remedy for a Breach of Contract?

Under Texas law, the remedies for a breach of contract could include the following:

  • Compensation, such as actual, restitution, reliance, and/or liquidated damages
  • Release from contractual obligations
  • Revision of a contract to reflect mistakes made by both or all parties involved
  • Specific performance of contract terms
  • Recovery of the total value of services performed (quantum meruit)

Texas law allows for a similar contract claim, for quantum meruit. This is an equitable claim where one party seeks payment for goods or services, when there was no formal contract. Put simply, this helps to prevent unjust enrichment of one party at the expense of the other, acting in good faith. Typically, claims for quantum meruit occur when one party performs a service for the other party, and the other party accepts the services. If the accepting party could reasonably assume that the other party expected payment, the party providing the service may be able to seek payment, even without a formal contract or agreement.

However, the statutes of limitations can bar your claim if a lawsuit isn’t filed in time. Furthermore, the more time passes, the harder it may be to prove your case.

Houston Breach of Contract Attorney, Trey Barton, Can Assess the Viability of Your Contract 

If you or your company is the victim of a breach of contract, you may be entitled to damages, as well as the attorney fees caused by the actions of the other party. If you believe that you have a breach of contract or quantum meruit claim, contact Houston breach of contract attorney, Trey Barton to discuss your options.

To help you determine if both parties can come to an agreement, or whether it’s time to file a breach of contract lawsuit when you’ve suffered damages, call Houston breach of contract attorney, Trey Barton, for a prompt response.

When you call 832-916-2526, he’ll schedule your free, no obligation meeting to discuss and assess your unique circumstances. Or, if you prefer, send him a private, confidential message on the contact form.


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