DALLAS, TX BREACH OF CONTRACT LAWYER
Business litigation often emerges when companies enter into contracts and agreements with other parties. Attorneys who understand your business practices can provide effective advice and protect your rights
What Constitutes Breach of Contract?
A breach of contract occurs when one party fails to fulfill the terms of a written contract, leading to damages for the party that did not breach the agreement. Contracts can be both written, oral, and implied each having a different burden of proof. Specific acts or omissions that may constitute an actionable breach include:
- Failure to Perform: Not performing a duty or obligation within the contract. This can be complete non-performance or inadequate performance that falls short of the terms.
- Late Performance: Performing the contractual obligations after the time specified in the contract, which can be critical in agreements where time is of the essence.
- Non-Conforming Performance: Delivering defective goods or services that materially do not meet the standards or specifications outlined in the contract.
- Repudiation: One party indicates, either verbally or through actions, that they will not perform their contractual duties before the performance is due.
- Violation of Express Terms: Breaking specific terms explicitly stated in the contract.
- Violation of Implied Terms: Breaching terms that are not explicitly stated but are understood to be part of the contract due to the nature of the agreement or the law.
- Anticipatory Breach: One party indicates they will not be able to fulfill their contractual obligations before the performance is due, allowing the other party to treat the contract as breached immediately.
Each of these breaches can have different legal consequences and remedies, such as damages, specific performance, or contract termination.
Top-Rated Dallas Breach of Contract Lawyer Near You
Our contract drafting and contract litigation attorneys at Wilson Legal Group are known for their aggressive, responsive, efficient, and, most importantly, successful approach to litigation. We take specific care to draft your agreements with maximum efficiency and attention to detail. We strive to understand your goals from the beginning, and our straightforward, unbiased guidance aims to help you avoid litigation whenever possible. A well-drafted agreement can avoid litigation, but if litigation is inevitable, our skilled contractor agreement litigators excel in negotiation techniques and have a proven track record of achieving highly favorable results both in and out of court.
Get Expert Contract Review and Advice on Potential Risks and Drawbacks to your Contract Dispute
Types of Contract & License Agreement Disputes We Help With
There are many different types of business contract and litigation disputes we help with. Our attorneys represent international and U.S. businesses before courts, arbitration panels, and administrative tribunals in matters involving:
- Business Fraud
- Breach of Contract
- Breach of License
- Breach of a Master Services Agreement
- Civil Conspiracy
- Tortious Interference with Contract
- Breach of Fiduciary Duty
- Unfair Competition Claims
- Distribution Disputes
- Contract and Covenant-Not-To-Compete Claims
- Corporate Dissolution
- Shareholder Disputes and Corporate Control Cases
- Defamation
- Patent Infringement
- Trademark Infringement
- Copyright and Licensing Disputes
- Trade Secret Claims
Expert Legal Assistance with Contract Disputes
- Employment Contracts: We resolve disputes over agreements that govern terms of employment, including compensation, services to be provided, conduct expectations, and employee termination policies.
- Business Partnership and Operating Agreements: We assist when a party in a business partnership does not honor the initial terms set during the formation of the venture.
- Asset Purchase and Sales Agreements: Our expertise extends to handling disputes involving the sale of businesses or commercial real estate.
- Franchise Agreements: Our services include navigating the complexities of franchise agreements, particularly their detailed dispute resolution clauses.
- Service Contracts: We manage disputes where one party has agreed to perform a service by a certain date for a specified price.
- Breach of Promissory Notes: We help enforce or defend against claims related to the non-compliance with a promissory note.
- License Agreements: We offer guidance and legal action in disputes over intellectual property rights management, use, or ownership.
- Software Agreements: We offer guidance and legal action in disputes over intellectual property rights management, use, or ownership.
Frequently Asked Questions
What makes a contract enforceable?
A contract becomes legally enforceable when all parties involved sign the document and are of legal age and sound mind; however, a contract can also arise in during the performance of an oral agreement. We strongly recommend consulting with legal counsel before entering into any contract.
When do I need a breach of contract lawyer?
If your breach of contract resulted in quantifiable business or personal losses and you are unable to resolve the issue on your own, an attorney can provide a number of advantages, including:
- Understating Your Legal Rights - Our lawyers will assist you in understanding whether a breach has occurred, including understanding your rights and obligations under contract law.
- Negotiating Disputes: A lawyer can help you negotiated disputes before the become lawsuits. With early negotiation you can often secure a more favorable outcome than litigation may provide.
- Contract Review and Drafting: Before signing a contract, a lawyer can review and draft the agreement to protect your interests to limit or prevent potential breaches.
- Filing a Breach of Contract Lawsuit: We can lawyer can help you navigate the legal process, and file the necessary legal documents to bring a law suit in court.
- Defending Against a Breach of Contract Lawsuit: If you are being sued for an alleged breach of contract, we can help you defend against the claims and present the best legal defense.
- Seeking Remedies & Awareness of Deadlines: Lawyers can advise you of legal remedies, such as damages, specific performance, or contract rescission. Our breach of contract lawyers can help you determine the best course of action and pursue it legally.
- Complex Contracts: In cases involving complex or high-value contracts, our lawyer’s have experience in analyzing and defending complex contracts.
- Preventive Measures: Often a lawyer can advise and guide you to take specific preventive measures to minimize yourr damages and maximize your recovery in court.
Consulting a breach of contract lawyer can help you protect your rights, achieve a fair resolution, and navigate the complexities of contract law effectively.
What is the Statute of Limitations for a breach of contract claim?
The purpose of the statute of limitations in a breach of contract context is to limit the time a plaintiff has to bring a lawsuit. In Texas, the statute of limitations for breach of contract is 4 years. The period begins from the day the contract was breached or the date you knew or should have known of the breach.
What is an implied contract?
An implied contract is an agreement that is not formally expressed in written or spoken terms but is determined by the acts of the parties indicating an intent to be bound by an agreement. Implied contracts can be categorized into two types:
- Implied-in-Fact Contracts: These arise from the circumstances or behavior of the parties involved. For example, when a customer places an order as a favorite restaurant, the act or ordering implies there is an agreement to pay for the meal once it delivered and subsequently eaten, even though no explicit agreement was made verbally or in writing.
- Implied-in-Law Contracts (or quasi-contracts): These are not traditional contracts but are treated as such by a court to avoid an unjustly enriching a party at the expense of another. A court legally imposes a contract to avoid one party being taken advantage of.
Wilson Legal Group assists clients throughout Dallas and the rest of Texas who are facing breach of contract issues with another party. We have helped clients in Dallas, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Experienced Breach of Contract Lawyers in Dallas, Texas
Why Choose Wilson Whitaker Rynell?
Comprehensive Legal Expertise:
We offer a wide range of legal services including litigation, intellectual property, business law, family law, and real estate. Our attorneys are well-versed in handling complex contract issues, providing clients with robust and informed legal strategies​.
Experienced and Recognized Attorneys:
We have a team of experienced attorneys, including John T. Wilson, Leigh Whitaker, and Jennifer Rynell. These lawyers are recognized for their excellence and dedication, ensuring clients receive top-tier legal representation as voted in Super Lawyers.
Client-Centered Approach:
We are committed to understanding their clients' businesses and objectives. We provided practical, thoughtful solutions tailored to each client's unique needs, aiming to deliver efficient and effective legal services​.
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