Business Contract Disputes

There is no mechanism to ensure that written and verbal commercial agreements are followed. Opposing parties may argue on the meaning of a contract, claim that it does not apply to a particular scenario, or disregard it in the hopes that you would fail to enforce it effectively.

GK Law's business contract disputes attorney can assist you if you are involved in a contract dispute, have questions about your rights, or want to enforce the contract terms. Our years of experience as commercial litigators have represented both plaintiffs and defendants in a wide range of commercial issues, including contract disputes.

Has a contract been broken by a contractor, vendor, employee, employer, lender, borrower, subcontractor, or another party? Contact GK Law right now.

A contract is a promise or series of commitments made between two or more parties and enforceable by the law. Some contracts, such as those involving real estate purchases, must be written.

However, there is no necessity that a contract is written in most cases. A contract might be as simple as a verbal commitment, such as offering a neighbor $50 to trim your lawn.

Even though a written contract isn't needed, it's usually a good idea to put your agreement in writing. When you only have a verbal agreement, showing the contract's provisions is far more challenging should disagreements arise.

A contract must meet specific fundamental characteristics to be valid:

• An offer must be made by one side and accepted by the other.
• There must be a financial, material, or service transaction, referred to as "consideration."
• Both parties must comprehend and agree to the contract's provisions, known as a "meeting of the minds."
• All contracting parties must sign the agreement with the intention of it becoming legally binding.

The following are some key terms to include in your contract:

• Each party's legal rights
• Each party's responsibilities
• Duration of the contract
• A list of the services or products that will be provided
• Price, interest, and payment schedules are all detailed information
• Agreements on the resolution of disputes

A knowledgeable business contract disputes attorney can assist you in drafting a legally enforceable contract that includes all of the critical clauses you need to defend your interests.

Simply understanding the essentials, or utilizing a sample template to construct your contract, exposes your company to significant legal problems. Contracts, as well as the laws that regulate them, are complex.

Contract interpretation is governed by a body of law created by the courts over many years in addition to Texas statutes.

Using the services of a business contract disputes attorney ensures that all contract provisions are carefully studied, that the contract is suited to your unique company needs, and that the contract will be found enforceable in a disagreement.

We have a business contract disputes attorney in Houston, Texas, detail-oriented and has prepared hundreds of legally binding contracts at GK Law.

A breach of contract occurs when one of the contracting parties fails to keep their obligations. When one party makes it plain that they do not plan to fulfill a contract's obligations or do something to prevent another party from performing, this is an anticipatory breach.

Employment contracts and non-compete agreements, insurance contracts, partnership agreements, wills and trusts, purchase agreements, sales contracts, and shareholder agreements are all examples of contracts that can be breached.

Businesses and business owners planning to file a breach of contract lawsuit must be prepared to prove all of the necessary factors. You must establish the following four things to win a breach of contract case initiated under Texas law:

• A legally binding contract was created.
• You (the plaintiff) fulfilled your obligations under the agreement.
• The defendant (the other party) failed to meet their responsibilities.
• As a result of the defendant's failure to perform, your company sustained losses.

Simply put, a breach of contract claim allows Texas businesses to seek monetary compensation or other remedies if they can show that they were harmed due to the other party's failure to follow the terms of the deal.

Breach of contract can have serious ramifications for organizations. It's critical to understand your rights and responsibilities following a breach. Parties often mistakenly waive their rights or fail to take the necessary actions to protect their claims for damages.

If you suspect a contract has been broken, what you should do is partly influenced by whether the violation is substantial or not. When one party to a contract breaches the contract in a "material" way, the other party may be excused from performing the remainder of the deal. The non-breaching party may also seek damages or, in some situations, specific performance to enforce the contract.

When a severe breach occurs, the non-breaching party is not absolved from future performance and may only claim for the breach's damages. Courts consider the following factors when evaluating whether a breach of contract is material:

• the amount to which the injured/non-breaching party will be denied the benefit to which it was entitled
• the extent to which the non-breaching party can be suitably compensated for the loss of benefit
• taking into consideration all circumstances, the capacity and probability of the breaching party to cure its breach
• the extent to which the breaching party's actions are consistent with good faith and fair dealing norms

What Are the Remedies Available in a Breach of Contract Claim?

Contract remedies are, in general, intended to be merely compensatory. Texas courts do not "penalize" parties in breach of contract disputes.

The non-breaching party is usually entitled to a remedy that puts them in the position they would have been in if the breaching party had fulfilled their duties under the contract.

Breach of contract remedies can take many various forms in practice, including:

• General Damages. General damages are the fundamental financial losses that result immediately from a Texas contract violation. These are the losses that may have been expected due to the contract violation. Expense reimbursement is one example.
• Special Damages. In some situations, Texas courts award special damages to non-breaching parties. These are the consequences of the breach. In a breach of contract claim, for example, certain firms may be able to seek compensation for lost earnings.
• Equitable Relief. Non-breaching parties may be entitled to equitable redress in addition to monetary compensation. Injunctions, particular execution of the contract, and contract amendment or rescission (or cancellation) are all forms of equitable remedies.

An experienced business contract disputes attorney from GK Law can assist you if your business has incurred losses due to a breach of contract.

The business contract disputes attorney at GK Law has seen the consequences of a poorly structured contract after years of experience as a contract dispute lawyer.

You may avoid the biggest drawbacks of a self-written form contract by anticipating probable complications. It's advantageous to have an experienced business contract disputes attorney on your side who has seen enough poor agreements to see possible issues and handle them in your contract. Contract conflicts can occur in a variety of situations.

GK Law's experienced business contract disputes attorney has assisted in prosecuting and defending violations involving:

• Sales orders, work orders, or purchase agreements
• Non-compete and non-solicitation agreements
• Partnership, shareholder or business ownership disputes
• Management agreements
• Operating agreements
• Leases
• Licensing agreements
• Franchise agreements
• Vendor relationships
• Shareholder agreements
• Interference with existing or prospective business relationships

In some cases, establishing the existence of a contract or agreement may be difficult. SUch happens when a contract is not written or when a contract is unenforceable for whatever reason.

In this case, a party may ask the court to give an equitable remedy to resolve the conflict. When a legally binding agreement does not specify the amount owed, this is known as quantum meruit, and it refers to the payment of a fair quantity for services performed or labor completed.

We're Always Here for You

Complex, costly, and time-consuming business law concerns might arise. You can feel confident that your case will be in excellent hands if you choose an experienced Houston business contract disputes attorney from GK Law, enabling you to focus on operating your business and managing your day-to-day concerns.

We have years of expertise at GK Law and a real commitment to achieving the best possible outcomes for our clients. In every form of commercial issue, you can count on us for tenacious, intelligent, and effective legal representation.