Breach Of Contract Claims
The strength of a company’s business relationships resides in its contracts. Contracts govern almost all aspects of a commercial enterprise, from hiring and managing talented employees to obtaining the tools, resources or capital needed to operate smoothly.
This is what makes breach of contract claims so risky to a business’s success. Whether bringing a claim or defending against one, the outcome has the potential to significantly disrupt business as usual — and potentially a company’s long-term viability.
That is where the Dallas-based attorneys of Nowak & Stauch, PLLC, can help. We understand the risks associated with a breach of contract claim and how they affect commercial clients’ immediate and long-term interests. As one of North Texas’s premier commercial litigation firms, we have extensive experience handling contract claims arising from:
- Construction claims between contractors, subcontractors, real estate developers and property owners
- Partnerships or shareholder disputes, including breach of fiduciary duty claims
- Intellectual property disputes
- Employment claims, from wage and hour claims to wrongful termination
- Noncompete agreements
- Insurance disputes, including allegations of insurance bad faith
- Nonpayment issues and other financial claims
Frequently Asked Questions About Texas Breach Of Contract
Contract disputes in Texas often arise quickly and without warning, leaving many businesses unsure of how to protect their rights. The answers to the common questions below offer clarity and guidance when a disagreement becomes a potential legal conflict.
What steps should I take if I suspect a breach of contract occurred?
When you believe a breach has taken place, it is important to act promptly and begin gathering information. Start by reviewing the contract to confirm the specific obligations, deadlines and performance standards that apply. This helps you determine whether the issue involves a missed payment, incomplete work or another failure to perform.
Next, document all relevant communications, including emails, invoices and timelines. Written records can be critical evidence if the dispute progresses. You should also notify the other party in writing and request clarification or corrective action. A direct, factual notice can sometimes resolve misunderstandings before they escalate.
If the issue remains unresolved, early legal guidance can help you assess your options and avoid missteps that could weaken your legal position.
What different forms can a breach of contract take?
A contract breach can occur in several ways, and the type of breach helps determine the appropriate remedy.
- Material breach occurs when one party fails to perform a central obligation, causing significant harm to the other party.
- Minor breach involves a smaller deviation from contract terms that does not undermine the overall agreement but may still justify financial compensation.
- Anticipatory breach happens when one party indicates, through words or actions, that it will not fulfill its obligations in the future.
The available legal remedies for each type of breach may vary. Identifying the correct category helps you understand whether you may seek damages, specific performance or another form of relief under Texas law.
In Texas, are verbal contracts treated as legally binding?
Texas generally recognizes verbal contracts as enforceable when they contain clear terms and both parties agree to those terms. However, certain agreements must be in writing under the Texas Statute of Frauds. These include real estate contracts, agreements lasting longer than one year and promises to pay another person’s debt.
Even when a verbal agreement is legally valid, proving its terms can be challenging without written documentation or reliable evidence. For this reason, parties often benefit from putting important agreements in writing to reduce disputes and strengthen enforceability.
Sound Guidance To Prevent Further Harm To Dallas-Forth Worth-Area Businesses
Drafting sound contracts that clearly outline each party’s role and responsibilities goes a long way to preventing breach of contract claims. However, once a claim has been brought or served, it is too late to focus on what could or should have been done differently.
Even still, our lawyers will look for opportunities to file pretrial motions so as to minimize the overall impact litigation will have on business operations. Such remedies not only protect the company during trial but may also help expedite a resolution. Our attorneys’ reputations as experienced litigators also help us negotiate from a position of strength should the other side wish to settle the claim at any point during litigation.
Contact Nowak & Stauch, PLLC
Call 214-272-0169 or email our Dallas law firm to schedule a consultation.