Nearly all businesses need contracts. Although it may be tempting to try and draft a contract yourself, a properly drafted contract requires skill and specific knowledge. At the center of any business transaction, there should be a properly written contract that governs the relationship between the parties. Contracts are everywhere, and depending on the industry, you may enter into them on a routine basis. Despite their prevalence, contracts are regularly breached for any number of reasons.
A breach of contract can occur when one party fails to perform as promised or otherwise violates a term of the agreement. Contract disputes can arise from disagreements with parties to the contract or with third parties. Any time a party fails to comply with a binding and legally enforceable contract, a breach occurs. A breach of contract can be either material or non-material, and the level of the breach matters.
“…anyone who has him fighting for them is sure to be vigorously represented.” – Former Client
Types of Contract Disputes
The Houston business lawyers at Minces Rankin have experience representing clients in a wide variety of contract disputes. We help clients determine and navigate the best course of action whenever a contract dispute arises. Working with an experienced contract disputes lawyer who has seen enough deals go awry can also help an individual or a business identify potential problems and address them.
Breach of Contract Remedies
Contract disputes can arise in any number of contexts. Minces Rankin has represented clients on all sides of contract breaches arising out of breaches of:
- Sales, work, and/or purchase agreements
- Non-solicitation agreements
- Business ownership disputes
- Management agreements
- Operating agreements
- Covenants not to compete/non-compete agreements
- Partnership dissolutions
- Employment contracts/employment agreements
- Construction and finance agreements
- Contracts involving homeowners, construction, home builders and contractors
- Real estate contracts and leases
- Shareholder contracts
- Consulting contracts
- Insurance contracts
- Manufactured goods contracts
- Shipping and delivery contracts
- Inventory storage contracts
If you were injured as the result of a contract dispute, you may be owed damages, but that can depend on the terms of the contract regarding damages, the subject matter of the contract, and what damages were incurred as a result of the breach. Under Texas law, various remedies are available for breach of contract, including:
- Actual damages, or the money damages a party suffers as a result of the breach (liquidated damages, consequential or incidental damages, and/or compensatory damages can all fall under this umbrella)
- 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
- Loss of use, or money awarded to compensate a party for its losses
- 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
- Also, Texas plaintiffs can recover attorney’s fees in breach of contract cases if it is provided for in the contract
In some circumstances, there may be a significant hurdle to proving that an agreement or contract existed. This can occur when a contract was not written down or when it is unenforceable for some reason. In such an instance, a party can request that a court provide an equitable remedy 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.
Houston Contract Disputes Lawyers
If you are a Texas business in need of a contract or experiencing a contract dispute, investing in a contract lawyer in Houston will help you ensure that your business is protected. Minces Rankin understands that when drafting a contract, it must serve both the business and legal needs of the company. With extensive contract law experience in Houston, let our firm draft contracts that serve your business, avoid disputes, and will be held enforceable in court. Our attorneys would be happy to discuss your contract needs and disputes with you, and offer you the guidance and representation you need.