You paid a contractor to redo your kitchen. The money’s gone, the timeline’s blown, and your kitchen looks like a demo scene from a bad HGTV spinoff. Or maybe your business partner ghosted you after promising to deliver on a deal that’s now sinking your cash flow. Whatever the situation, someone didn’t do what they said they would. You’re pissed, and rightfully so. When someone screws up a deal you relied on, you’re left holding the bag.
At JCJ Law Group in Houston, we don’t just wave papers and quote legal jargon. We fix the mess others are too scared to touch. If someone breached a contract with you, this guide will break down what you need to know legally, so you can stop getting jerked around and start getting justice.
What is a contract breach?
A contract breach occurs when one party doesn’t do what they promised under a valid agreement. This can include anything from a late delivery or skipped payment to half-assed work or outright refusal to perform. Contracts aren’t suggestions: they’re legally enforceable obligations. When someone breaks the deal, you have legal ammo. Will you actually use it?
What you need to know about a contract breach
Not all breaches are equal
There are four types of contract breaches:
- Minor breach: The other side screws up, but it’s not fatal. Maybe the materials were slightly different but still usable. You might get damages, but you can’t walk away from the contract.
- Material breach: This is when the breach actually screws you over: the work is trash, the product doesn’t show up, or the delay kills your timeline. This type can justify ending the contract and claiming damages.
- Anticipatory breach: You know damn well the other party isn’t going to follow through: they’ve already hinted or flat out said they’re bailing on the project. Legally, you don’t have to wait for the ship to sink to take action.
- Repudiatory breach: This is the big one. It’s so serious that it blows up the whole deal. You can walk away, terminate the contract, and sue for damages. It’s your legal eject button.
You don’t get to just walk away: there’s a process
Even if you’re screwed over, you don’t automatically get to throw up your hands and say, “I’m done.” Texas law still expects you to follow the process. Terminating a contract prematurely, even if you’re right about being wronged, can backfire if you don’t do it correctly.
Ask yourself:
- Is the breach serious enough to end the contract?
- Did the contract give the other party time to fix the issue?
- Have you officially notified them (in writing) of the termination?
Mess any of that up, and you could be the one on the hook.
You must mitigate your damages
Even if the other side clearly screwed up, you have a duty to minimize the damage. That’s called mitigation. You can’t sit back and let things spiral just to rack up a bigger claim. If a supplier flakes, go find another one. If a service fails, replace it. The court will expect you to show that you tried to contain the fallout. Fail that, and your payout shrinks.
Waiving your rights is easier than you think
If you keep acting like the contract is still in place after the breach, such as making payments, accepting services, and sending friendly emails, you might accidentally waive your right to terminate the agreement. Courts don’t care about your intent; they care about what you do.
Even if there’s a “no waiver” clause, you’re not bulletproof. The longer you delay taking action, the harder it is to prove you didn’t accept the mess. Bottom line: if you’re thinking about pulling the plug, talk to a lawyer before you screw yourself by waiting too long.
You may have to let them try to fix it
Some contracts say you must give the other side a chance to make things right. Ignoring that clause can make your termination invalid. Even if it’s not in the contract, courts still like to see that you acted reasonably. Sometimes, giving the other party an opportunity to fix their mess makes you look better when they fail again. Keep receipts and put everything in writing.
Proving breach isn’t just about feelings
You’re pissed, sure, but that’s not enough to win a claim. The law needs actual proof. To win on a breach of contract claim, you need to show:
- There was a valid contract.
- The other side breached it.
- You suffered a financial loss as a result.
That means emails, texts, invoices, contracts, anything that counts as hard, tangible evidence. If it’s not in writing, it didn’t happen. Harsh? Maybe. But it’s the law.
Termination isn’t always the best move
Sometimes, ending the contract leaves you worse off. If the other side controls a resource, service, or supply you can’t easily replace, you might be stuck or need to play the long game. Terminate too soon and you may lose out on leverage, money, or the ability to finish a job.
Don’t make that decision alone. JCJ Law Group can help you run the numbers and make the smartest (not just angriest) move.
Get a lawyer who won’t flinch
Dealing with a contract breach isn’t about paperwork: it’s about getting what you’re owed without getting played. Whether you’re a business owner, service provider, or just someone who trusted the wrong party, JCJ Law Group is the hammer when a handshake isn’t enough. We don’t play nice with people who break their promises. Call JCJ Law Group today.
