Most businesses in Dallas are a party to one type of legal contract or another, whether that be an employment contract, a purchase agreement, or a contract for services from another company. Unfortunately, it is not uncommon for one party to fail to uphold their side of the contract. If you have been the victim of someone not doing what they contractually agreed to do, a Dallas breach of contract lawyer can provide information about the legal process of suing for breach of contract and the services we can provide to assist you with your claim.
What Constitutes Breach of Contract?
There are several actions or inaction that can result in a breach of contract in Texas, including:
• Payment disputes: An example of this issue would be if a party to the contract refused to continue working without receiving one-third of the payment when the contract said that payment was due when the job was complete.
• Non-performance issues: This occurs when a party to the contract fails to provide work or services as agreed upon.
• Failing to meet contractual deadlines: An example of this would be a company failing to send a product that has been purchased by a store and that the store has already secured sales for on the promise that the product would be arriving by the agreed-upon date.
• Exceeding the cost or budget that was agreed upon: If someone contractually agreed to provide a service or product for a specific cost, the contract prohibits them from changing the price unless there is a provision for doing so included in the contract.
• Misunderstandings: Regarding the resources that have been made available by one party so that the other party can successfully fulfill the contract.
Breach of contract can involve material breaches — which occur if the breach results in the contract being fulfilled — as well as non-material breaches, which tend to be less impactful in nature and often do not nullify the entire contract.
Types of Contract Disputes We Can Help With
We can help with all types of contracts in which a breach has resulted in losses for one party, whether you’re the party that was financially injured by the breach or you have been accused of causing a breach of contract. The types of contracts we frequently work with include:
• Employment contracts, in which one party agrees to work for another party under contractual terms that include a compensation schedule, services to be provided, expected conduct, and policies regarding termination of the employee.
• Business partnership and operating agreements, in which one party in a business venture or partnership fails to uphold agreements made when the business was formed.
• Purchase and sales agreements, such as those involving the sale of a business or commercial real estate.
• Franchise agreements, which are often complex as they have stringent dispute resolution provisions.
• Service contracts, where one party agrees to provide a service within a specified period of time, for a price.
•Breach of a promissory note.
•Intellectual property contract
Litigation for Breach of Contract
Both individuals and businesses can sue based on breach of contract, if they can prove these elements in their claim:
1. There was a properly executed contract between the plaintiff and defendant.
2. The defendant breached the contract’s terms.
3. This breach resulted in damages to the plaintiff, including monetary damages such as lost profits, income, benefits, or psychological damages, such as damage to the plaintiff’s reputation.
The type of compensation you can receive through breach of contract litigation includes:
• Compensatory damages for lost profits.
• Liquidated damages, which involve money that has been set aside for restitution if the contract is breached.
• Restitution, which is the forfeiture of any money or other compensation that the defendant received as a result of the breached contract.
Top-Rated Dallas Breach of Contract Lawyer Near You
Let our experienced Dallas breach of contract lawyer help you understand the legal process of seeking compensation after a breach of contract has occurred. We can also inform you of the services we are able to provide in order to assist you with your breach of contract claim. Contact us to discuss your case.
We are highly attuned to the cultural needs of our Korean clients due to our firm’s diverse background and insight. If you need the experience and finesse of a Korean breach of contract lawyer in Texas, please contact our office for more information.
Frequently Asked Questions
What happens if someone doesn’t hold up their side of a contract?
If someone fails to hold up their side of the contract, the other party to the contract can file a breach of contract claim and seek compensation for their losses.
What makes a contract enforceable?
A contract is legally enforceable if all parties to the contract sign the document and are of legal age and sound mind to do so. We always recommend contacting legal counsel before entering into any contract.
Do I need an attorney for breach of contract?
If your breach of contract resulted in quantifiable business or personal losses and you are unable to resolve the issue on your own, an attorney can provide a number of advantages, including:
• An uninvolved party. Often — particularly in contracts between business partners — the dispute over the contract becomes emotional. Once emotions are involved, it is hard to rationally come up with a resolution on your own. Often, a party who has breached a contract is better able to understand the potential ramifications of their actions if the information is given to them by a third party who is not an emotional trigger.
• Experience with negotiations.
• Experience with the legal process of seeking compensation after a breach of contract has occurred.
• An awareness of the deadlines and time limits involved in filing a claim. Texas has a four-year statute of limitations on breach of contract claims. What this means is that a lawsuit must be filed in your case within four years in order for you to seek compensation for the losses you incurred as a result of the breach.
The Sul Lee Law Firm, PLLC assists clients throughout Dallas and the rest of Texas who are facing a breach of contract issue with another party. We have helped clients in Plano, Richardson, Fort Worth, Irving, Frisco, Carrollton, Taylor, Garland County, and Collin County enforce their rights and protect their livelihoods by holding the other party accountable.