Skill, Experience & the Will to Win
McAllen Contract Disputes Attorney
Experienced Representation for Entrepreneurs, Small-to-Mid-Sized Businesses, and Large Corporations
Contracts are the legal bones of a business partnership. If you believe there has been any violation of your contract, you have the right to take legal action. The Omar Ochoa Law Firm represents a range of clients, from entrepreneurs to small- and mid-sized businesses to large corporations, and he knows how to bring forward a contract dispute claim in an effective and efficient manner. He is not afraid of anyone; he has gone against almost every big law firm throughout the country, and you can trust that he will fight aggressively for your rights in the face of a contract dispute.
Call (956) 253-3121 or contact the Omar Ochoa Law Firm online for a free consultation.
What Constitutes a Breach of Contract?
Under Texas law, a breach of contract occurs when the following 4 elements are present:
- There exists a valid contract (below).
- The plaintiff performed or tendered the duties of the contract.
- The defendant did not perform their side of the agreement in the contract.
- The plaintiff incurred damage due to the defendant’s breach.
In short, to bring forward a contract dispute claim you must show that you complied with the contract while the defendant did not comply with their agreed-upon conduct, and as a result you experienced damages.
Note that there are several types of contract breaches, depending on the situation:
- Material misrepresentation of fact – a person was convinced to sign a contract based on misleading or false information. This voids the contract.
- Duress – the contract was signed under duress (e.g., blackmail, threat) or where significant pressure or force was applied to obtain a signature.
- Impossibility of performance – a person was unable to fulfill the contract based on uncontrollable circumstances, such as death of a necessary service provider, loss or destruction of relevant property, or passage of a law by which the contract terms are no longer applicable.
Elements of a Valid Contract
As mentioned above, one of the key elements of proving a breach of contract claim is showing that there is a valid contract between you and the defendant. According to Texas contract law, a valid contract contains the following:
- an offer;
- an acceptance of the terms of the offer;
- a “meeting of the minds”;
- communication that each party has consented to the terms of the contract;
- execution and delivery of the contract with intent that it is mutual and binding on both parties.
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Resolving a Dispute
Note that the statute of limitations (time limit for bringing forward a claim) for contract disputes in Texas is 4 years. This means, under Chapter 16 of the Texas Civil Practice and Remedies Code, that you must bring forward your contract dispute claim within 4 years of the date the breach occurred in order for the court to hear your case. If you fail to do so within the 4 years, you will lose the opportunity to compensation for your damages.
The remedies available for a successful contract dispute claim include recovery of reasonable attorney and court fees, as well as some amount of damages depending on the losses you suffered. To assess a potential award, the court will examine the terms of the contract, which might have already specified the penalties for a breach. If it is not specified, though, the court may order:
- the defendant to fulfill the contract terms as agreed;
- damages in the amount lost due to the contract breach (liquidated damage);
- damages for time lost, including the time it takes to repair damages;
- reimbursement for incurred expenses;
- reimbursement for future lost time and money;
- rescission (the court will cancel the contract and parties will no longer be required to perform);
- restitution (the defendant must return any gains from the breach).
“From the start, the law firm was extremely helpful. We had a wonderful experience working with the Omar Ochoa Law Firm.” - Abel C.
“Desde el principio, el bufete de abogados fue de gran ayuda. Tuvimos una experiencia maravillosa trabajando con el bufete de abogados Omar Ochoa.” - Abel C.
“Mr. Ochoa always made himself available and kept me up to date with my case. I would highly recommend Omar Ochoa Law Firm.” - Myra A.