A breach of contract happens when someone doesn’t follow through on their part of an agreement, leaving you high and dry. But you have the right to demand what you’re owed. At JCJ Law Group, our breach of contract lawyers in Houston don’t just talk tough; we fight tirelessly when necessary and set things right.
What Types Of Contract Breaches Require A Lawyer?
Minor breach
A minor breach occurs when one party fails to fulfill a small part of the contract while meeting the main terms. For example, a contractor finishes a project on time but uses a different material than agreed upon. Though it may seem trivial, this can still cause inconvenience and potential costs. We ensure you’re compensated for even the smallest deviations from the agreement.
Material breach
A material breach is a significant failure to perform that impacts the core of the contract. This could be a service provider failing to deliver the agreed service or a supplier not providing essential goods. This breach often nullifies the contract, allowing you to seek substantial damages. Our breach of contract lawyers in Houston fight to get you what you’re entitled to, turning their failure into your gain.
Anticipatory breach
An anticipatory breach occurs when one party communicates before the due date that they will not be fulfilling their contractual obligations. This advance notice allows you to seek remedies immediately rather than waiting for the breach to occur. It’s like a warning shot, and we use it to your advantage, taking swift action to protect your interests and mitigate any potential damages.
Actual breach
An actual breach occurs when one party outright fails to fulfill their contractual duties by the agreed-upon time. Whether it’s not delivering goods, missing a payment, or failing to perform a service, this breach leaves you high and dry. We step in to ensure they face the consequences, demanding full compensation for your losses and ensuring you’re not left holding the bag.
Fundamental breach
A fundamental breach is so severe that it permits the aggrieved party to terminate the contract and sue for damages. This type of breach goes to the heart of the contract, such as a seller delivering a product that is completely unusable. Our breach of contract lawyers in Houston pursue maximum compensation for such egregious violations, making sure you’re not left to bear the brunt of someone else’s negligence.
Repudiatory breach
A repudiatory breach is when one party’s behavior indicates that they have no intention of performing their contractual obligations. This can be through explicit statements or actions that clearly show a refusal to honor the contract. We don’t wait for them to follow through with their threats; we take legal action to safeguard your interests and secure what’s rightfully yours.
Steps we take to handle a breach of contract:
- Investigate the breach thoroughly to understand the full extent and impact on your interests.
- Gather all relevant documents, communications, and evidence to build a strong case.
- Notify the breaching party formally, outlining their failures and demanding remedy.
- Evaluate the damages you’ve incurred to determine the appropriate compensation.
- Negotiate with the breaching party to reach a fair settlement without lengthy litigation.
- Litigate decisively if negotiations fail, taking the case to court to secure your compensation.
- Enforce the court’s judgment, ensuring you receive the awarded damages promptly.
- Advise you throughout, providing clear, no-nonsense guidance to make informed decisions.
What remedies are available for a breach of contract?
When someone breaks their promise under a contract, you’re not just stuck dealing with the fallout. Texas law gives you tools to make it right, and at JCJ Law Group, we know how to use them. Whether you want your money back, your time recovered, or the other side forced to hold up their end of the deal, there are legal remedies available to you. But not every remedy fits every situation. Here’s what’s on the table when someone screws you over.
Compensatory damages
This is the most common and straightforward remedy in a breach of contract case. It’s financial compensation meant to put you back where you would’ve been if the deal had been honored. That includes out-of-pocket expenses, missed income, and extra costs caused by the breach. Bottom line: we calculate every penny they cost you and go after it relentlessly.
Consequential damages
A breach doesn’t just hurt your wallet: it can cause ripple effects like lost profits, canceled opportunities, and damage to your reputation. These indirect losses, known as consequential damages, can add up fast. We know how to prove them and shut down the defense’s “too speculative” excuses. If their screw-up caused collateral damage, we make them pay for it.
Specific performance
Sometimes money isn’t enough. If the deal involves something unique, like a rare property, an exclusive contract, or goods that can’t just be replaced, specific performance lets the court order the breaching party to follow through on their obligations. It’s a powerful move that forces results instead of apologies, and when it’s justified, we won’t hesitate to demand it.
Rescission
When the relationship is beyond repair, rescission cancels the contract entirely. It wipes the slate clean and releases both parties from further obligations. We use this when performance is impossible or trust is completely gone. It’s about cutting your losses, walking away on your terms, and stopping the damage before it gets worse.
Restitution
If you already paid money, delivered products, or provided services under the contract, restitution ensures you’re not left empty-handed. It restores what you gave up, so the other party doesn’t profit from their breach. We dig into every transaction, every dollar, and every document to make sure you’re reimbursed and they don’t walk away with what isn’t theirs.
Breach of contract FAQs
How can I prove a breach of contract?
To prove a breach of contract, you need to establish the following:
- A legally binding agreement between the parties.
- Evidence showing that the other party failed to meet their contractual obligations.
- Proof that you suffered losses or harm as a result of the breach.
What should I do if I suspect a breach of contract?
- Carefully read the contract to understand your rights and obligations.
- Keep records of all communications, payments, and actions related to the contract.
- Inform the breaching party of the breach and request a resolution.
- Consult the lawyers at JCJ Law Group to explore your options and the best course of action.
Can a breach of contract be resolved without going to court?
Yes, many breaches of contract are resolved through negotiation, mediation, or arbitration. These can be quicker and less expensive than litigation. At JCJ Law Group, our breach of contract lawyers in Houston negotiate on your behalf to reach a fair settlement. If that fails, we’re ready to take the matter to court.
Can I recover attorney’s fees in a breach of contract case?
In Texas, you can recover attorney’s fees in many breach of contract cases if the contract includes a clause allowing it or if a statute permits it. We fight aggressively to ensure you’re not left shouldering the financial burden of seeking justice.
How long do I have to file a lawsuit for breach of contract?
In Texas, the statute of limitations for filing a lawsuit for breach of contract is typically four years from the date of the breach for written and verbal contracts. Contact us promptly to ensure your legal rights are protected and avoid missing deadlines.
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