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