Parties that enter into a business contract have duties and obligations toward one another. An individual or entity who does not hold up his or her end of the deal is allegedly in breach of contract. Typically, breach of contract disputes in Texas tend to revolve around the following issues: Non-Performance of Work or Services Sending Products or Deliverables Late Exceeding the Agreed Upon Budget or Cost Disagreements Over Terms of Payment Misunderstandings Regarding Available Resources If you are handling a breach of contract dispute in Texas, you may want to discuss the details of your case with a Texas breach of contract attorney at Sul Lee Law Firm PLLC. We can analyze your situation from a big-picture perspective under the context of Texas contract law. Contact us for breach of contract case evaluation today by calling (214) 206-4064 or sending us a message via our online contact form. Texas Breach of Contract Cases We Handle While many business owners and corporations do their best to avoid breach of contract disputes, miscommunication and misunderstanding can occur.
The contractor's failure to deliver is a breach of the contract. The statute of limitations began to run on the date the contractor failed to deliver the gravel. Not all contracts are in writing. Most states recognize the enforceability of oral contracts in limited specific situations. However, the statutes of limitations period is usually longer for written contracts than for oral contracts. Breach of Contract Statute of Limitations in the State of Georgia In the State of Georgia, the statutes of limitations for breaches of contracts are very specific. For written contracts, the limitations period ends six years after the contract becomes due and payable, beginning on the date of the last payment. For oral contracts, however, the deadline for bringing a breach of contract action is only four years after the right of action accrues. However, the limitations period depends on the type of contract in question. Other statutes apply to specific types of contracts. For example, credit cards are treated as written agreements for the statute of limitations purposes.
These requirements apply to both written and verbal contracts and must be accounted for in order for the contract to be valid. Defense to Allegations In order to launch a successful lawsuit, the plaintiff claiming breach of contract has to prove all the following elements: The existence of a valid or oral contract. For a contract to be deemed valid, it must have an offer, acceptance of the offer and consideration. The person adhered to the terms of the contract. There is proof of damage to the plaintiff resulting from the breach. The defendant failed to fulfill the terms of the contract. For your case to win, it must be material. A material breach is where one party is deprived of the very benefits of which they signed the contract. The court will always look at different factors to find out if the breach occurred. To be on the safe side, you need a skilled Houston business lawyer that specializes in contract laws to argue your case. This is because the defendant might do everything possible to try and water down your case by poking holes to your evidence.
Some cases may also have other time periods which apply in addition to the statute of limitations. If your case is one which involves governmental liability, Texas law provides that the governmental department or agency is entitled to receive written notice of the claim within six (6) months of the incident. For example, if you are injured in a car accident which a police car or school bus, failure to provide written notice of your claim to the proper governmental agency within six (6) months of the accident will result in your case being barred. The law regarding the statute of limitations can get very complicated. This article is only intended to provide a basic overview of the general rules and is not a complete rendition of the law governing any specific case. But one thing can be certain: If you miss the statute of limitations deadline for your case, then your rights will be forever lost. Likewise, always consult with an experienced lawyer regarding your rights. For more information regarding wrongful death and personal injury cases in the Dallas & Fort Worth area, contact Attorney Robert C. Slim, at (214) 321-8225, for a free consultation.
This above list is by no means exhaustive, and there are dozens of other defenses that a party facing a breach of contract claim may use depending on whether the contract was for provision of goods or services, whether it was in writing or established through the parties conduct, and many other circumstances that are different in each case. Leiza litigates non-compete and trade secrets lawsuits in a variety of industries in federal and state courts. For a consultation regarding a dispute involving a noncompete agreement or misappropriation of trade secrets, contact Leiza at or (214) 722-7108 or fill out the form below.
For most Texas contract to be enforceable, they must meet the following conditions: The agreement must be in writing. Both parties must have willingly entered into it. Services or goods were offered and accepted. An agreement to pay for them was involved. The breach has not exceeded the Texas statute of limitations. Texas places a four-year statute of limitations on breach of contract matters. It's critical that this deadline does not expire, or it critically affects your ability to file a claim for compensation. Breach of contract mistakes can cost you time, money, and a good reputation. Don't leave things to chance. Leverage the power of a strategic partner to assist you in navigating breach of contract disputes in Texas. The best defense or offense in breach of contract matters involve your approach in managing your case proactively. An effective way to accomplish this goal is by speaking with a Texas business attorney at Sul Lee Law Firm PLLC. We can assist you in devising a practical and straightforward strategy that draws upon our years of experience.
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In the example given above, if Bob stopped smoking and Mary did not pay, Bob might have a claim for breach of contract. If Bob won the claim in court, he could receive monetary damages to put him in the position he would have been in if the breach had never occurred. Why Do States Have Statutes of Limitations? States, as well as the federal government, have statutes of limitations so that parties will bring their legal claims in a reasonable time frame. If a plaintiff doesn't bring their claim within reason, the defendant may lose their ability to defend themselves adequately. Evidence gets wiped out over the years. The defendant should have a fair opportunity to argue their side. Contact an Experienced Breach of Contract Attorney for Your Claim If you think you may have a claim for breach of contract in Texas, contact an attorney as soon as possible. You'll want to ensure that you won't be running up against the statute of limitations. Beyond that, an experienced attorney can analyze your potential claim and talk to you about what to expect.