Breach of Contract Attorney in Houston, Texas
Contract breaches have the potential to derail — and even destroy — the trajectory of people’s lives and businesses. It's imperative to have a knowledgeable lawyer assist you with drafting and reviewing any business contract. And, when one party dishonors your agreement, it’s especially important to have a qualified breach of contract lawyer review your case and seek remedy for any damages caused by the agreement violation.
I’m Martin Thomas, Attorney at Law, and my Houston, Texas law firm is here to help you and your business move past any challenges that stand in the way of your success. Reach out to me at The Law Offices of Martin Thomas PLLC today to book a free consultation about your contract case. I serve the Houston Metro area, including Sugar Land, Richmond, Galveston, Conroe, Katy, and Brazoria County, Texas.
What You Should Know About Contract Breaches
When a breach of contract is brought before the court, the case must contain the following elements:
A valid and enforceable contract, consisting of:
An offer — an extension of a promise (to either do something or refrain from doing something) made by one of the parties
Consideration — something of value that was promised in return for the extended offer/promise
Acceptance — an unambiguous acceptance of the offer, typically illustrated through words or actions outlined in the contract
Proof of breach-caused damages
In Texas, there is, generally, no requirement that a contract needs to be in writing, but there are numerous exceptions. Texas Business & Commerce Code § 26.01 lists the types of contracts that must be in writing, like agreements involving the sale of land, surety agreements, and service contracts covering more than one year, and a few more.
As long as the legal contractural elements are present and the other party failed (or will fail) to follow up on their end of the deal, you have a legitimate reason to take action and seek remedy for any losses or damages that result from the breach to your contract.
What to Do When Your Contract Falls Through
If you're in a contract dispute where the other party is not, has not, or will not uphold their promises, it's time to take legal action. Reach out to me at my Houston, Texas law firm to get started. Whether you're dealing with a material breach or an anticipatory breach, I can guide you through the process of providing notice of breach and will work diligently on your case so that you can put this problem behind you.
Material Breach of Contract
Contract law recognizes different types of contract breaches to account for the varying levels of severity of violations that a party could make. A material breach reflects a violation that rips out the roots of the contract agreement. This type renders the contract "irreparably broken" according to law and, ultimately, defeats the purpose of having made the agreement in the first place.
If the other party in your contract has done this to you, you have the right to put an end to your agreement with them and go to court to try to collect remedy for breach-caused damages.
Anticipatory (Repudiation) Breach of Contract
I also represent clients in anticipatory breach cases. Also known as a repudiation breach of contract, this form of an agreement violation occurs once one party indicates that it won’t be able to or simply refuses to carry out its contractual obligations. Texas courts recognize a breach as a repudiation when:
one party unambiguously expresses through words their refusal to the other party,
one party’s actions make it clear that they won’t be able to perform their agreed-to obligations, or
if the contract at hand is for a property sale and one party transfers/makes a deal to transfer the agreed-upon property to a third party
As the non-repudiatory party in an anticipatory breach, Texas courts require you to take action to avoid the chances of the situation getting any worse. In most cases, any damages that could’ve been avoided will not be recoverable under Texas law.
Don’t navigate this complex legal process alone. Put knowledge on your side and let me represent you with the rigor you deserve in your material or anticipatory breach of contract case.
Get the Help You Need from a Trusted Attorney
I serve Houston, Texas individuals and business owners in multiple realms of business and contract law. You can rely on me to guide you through your current situation, no matter what type of breach you're experiencing.
I'm passionate about helping local and small businesses grow, and contract breaches from deceptive and negligent parties conflict with that mission. Let's hold whoever has wronged you accountable.
Give me a call today to discuss your situation and how to sustain the strength of your business. If you're in Katy, Conroe, Galveston, Sugar Land, Richmond, or Brazoria County, Texas, set up a free consultation with me now to take the first step toward a resolution.
The Law Offices of Martin Thomas PLLC
As a passionate breach of contract lawyer, it’s my mission to defend the truth. In all contract disputes that I handle, I seek to protect the rights of the wronged and hold negligent or deceitful parties accountable. If you or your business is dealing with a contract breach, know that I’m here to help. Contact my Houston, Texas, firm today.