Waco Breach of Contract Attorney

If you have a contract that needs to be enforced or you have been accused of a breach of contract, you need an experienced law firm to guide you through the process. Business litigation attorneys at Dunnam & Dunnam routinely represent people involved in contract disputes. You will need an experienced attorney to evaluate the following when you find yourself in a contract dispute.

We scrutinize every case, customizing the legal strategy based on the unique facts of the case. So we approach each contract breach case individually. Misinterpretations are at the heart of these disputes. One party may have misread or misunderstood its obligations as conveyed in the contract. When there is a genuine misunderstanding, you may be able to preserve that valuable business relationship. 

We try to resolve matters before trial. It is often a more efficient use of resources. But when you have no reasonable option but a trial, we are excellent advocates. We routinely try breach of contract cases. Although every case is different, we recently won a $3.5 million trial verdict in a breach of contract case. The other side took nothing. 

Is there an enforceable contract?

A person can only be held liable for a contract that can be enforced by a court. Look for the following items in evaluating a breach of contract claim.

Agreement 

All parties must be in agreement about the terms of a contract. If it is unclear, after reading the contract, there may not be an enforceable agreement. 

Consideration

All parties to a contract must incur some type of obligation to the other.

Legality

A court cannot enforce an agreement to perform an illegal act.

Possibility

An impossible agreement cannot be enforced. But the event that makes performance impossible must not be the fault of the breaching party.

Writing

The statutes of fraud require some contracts to be in writing to be enforceable. Such agreements include agreements not performable within a year, the sale of certain goods, and the sale of land.

Is there an actionable breach? 

The analysis of a breach of contract claim does not end there. Follow these elements to determine if there is a breach of contract claim.

Substantial performance. 

If a party performed with some minor flaws, a Court may find that he or she has substantially performed and therefore is not legally responsible for breach of contract.

Material breach.

The breach must be for an essential term of the contract.

Damages. 

The contract breach must have resulted in financial damages to the party complaining about the breach of contract.

Why was the contract breached?

Anticipatory breach.

This occurs when a party breaches a contract in anticipation of the other party breaching it.

Prevention of performance.

When one party prevents the other party from performing, he cannot complain when that party fails to deliver.

Lack of capacity. 

Children and the mentally ill cannot enter into a contract.

Fraud.

When one party misrepresents a material fact concerning an essential item of the contract or if one party induces the other into entering a contract based upon fraud, he or she may not be responsible if she or he chooses to breach the contract upon discovering the fraud.

4. What are the damages?

What does the contract say?

Many agreements assess damages in the contract. Review the contract to determine the issue.

Fees and costs.

The party can seek attorneys’ fees and expenses.

Actual damages.

The damages incurred by the breach mat be assessed against the breaching party.

We help Waco business with commercial and contract dispute issues, including:

  • Buy and sell agreements
  • Breach of contract claims
  • Commercial leasing
  • Commercial real estate transactions
  • Employment contracts
  • Franchise agreements and other documents
  • Service contracts, supply and distribution agreements
  • Shareholder agreements
  • Partnership agreements
  • Licensing contracts

Find a breach of contract lawyer in Waco 

Contracts are an essential part of any business. When someone disputes a deal, it can cripple a company’s profitability and disrupt day-to-day operations. Our Waco contract dispute attorneys work hands-on to resolve commercial and contract disputes. Your contract dispute deserves individual attention. Our lawyers take the time to understand our client’s needs adequately. Whether or not you are the first to the courthouse, we can anticipate potential problems and put our clients in a position to resolve matters consistently. 

Call a Central Texas contract lawsuit attorney or Waco contract dispute attorney at 254-753-6437 to discuss your matter.