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Contract Disputes

Omar Ochoa Law Firm represents clients in all types of civil cases. We provide each client with solid experience and an undying passion to see your legal issue resolved in a positive and beneficial manner.

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service provider, loss or destruction of relevant property, or passage of a law by which the contract terms are no longer applicable.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.

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).

If you are currently dealing with a contract dispute in McAllen, Texas, do not hesitate to contact the Omar Ochoa Law Firm for legal representation. Call (956) 253-3121 or reach out to us online for a free initial consultation.

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Real People. Real Stories. 
  • We had a wonderful experience working with Omar Ochoa- the communication was excellent.

    “Our issue was solved very quickly thank you once again Omar Ochoa and his team.”

    - Mario S.
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    From the start, the law firm was extremely helpful. We had a wonderful experience working with the Omar Ochoa Law Firm.

    - Abel C.
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    “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.

What Sets Us Apart?

  • Aggressive and Experienced and the Resources to Match
  • Accessible & Transparent
  • Fighting For Clients Across the Country
  • Spanish-Speaking Services

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