Common Questions
Breach of Contract FAQ
Whether you are a business owner or private individual, chances are you have entered into a contract at some point in your life. Contracts allow both parties to clearly outline the expectations of performance and often give recourse in the event of a breach. When problems with the contract arise, it’s not always immediately clear what the remedy should be – or if the contract was actually breached. That’s where a trusted Texas breach of contract lawyer comes in. At the Law Offices of Colby Lewis, we know that contracts are an important part of doing business so we fight zealously to protect our client’s interests when things go wrong. We understand that contract law can be confusing, so we have created a list of the most frequently asked questions we receive from prospective clients.
If, after reading through the most commonly asked questions, you still need assistance or would like to get started with our services, we are here to help! Simply call or click to reach our dedicated team of breach of contract lawyers today.
What 3 elements must a breach of contract claim?
To establish a breach of contract claim in Texas, you must prove the following three elements:
- A valid contract exists;
- The plaintiff performed or tendered performance as required by the contract; and
- The contract was enforceable and not void.
Establishing each element is crucial to the success of your claim. To ensure that each element is met satisfactorily, contact a trusted breach of contract attorney who can evaluate your case and help you prove the necessary elements.
What are the 4 types of breach of contract?
Breach of contract claims come in several forms. These include:
- Minor or partial breach: this occurs when only an insignificant portion of the contract was breached and it did not prevent the parties from fulfilling their obligations under the contract.
- Material breach: this is the most serious type of breach because, with a material breach, one of the parties were unable to perform under the contract terms because the other party failed to fulfill their obligations under the contract. In essence, the contract was fully breached and, because the non-breaching party did not receive any type of benefit, they are able to sue for damages.
- Anticipatory breach: this occurs when the non-breaching party anticipates that the other party won’t be able to fulfill the terms of the contract in time.
- Fundamental breach: similar to a material breach, a fundamental breach is one in which a critical obligation under the contract was not performed so that the plaintiff was unable to fulfill their side of the agreement.
It’s important to establish which type of breach of contract occurred, as the amount and type of damages you can receive vary depending on this classification. To find out whether you were the victim of a breached contract, contact the experienced legal team at the Law Offices of Colby Lewis for a full case evaluation.
What types of damages can you receive for breach of contract claims?
The types and amount of damages you can receive from a breach of contract claim are based almost entirely on the type and severity of the breach. For instance, in a material breach, the breach is so significant that the nonbreaching party can sue for damages. To find out if you are eligible to receive damages because of a breach of contract, reach out to our breach of contract lawyers for advice and guidance.
Can you sue the state of Texas for breach of contract?
Yes, if you are a contractor who has entered into a contract with the state of Texas and the contract was breached, you can sue the state. Under state law, you must provide notice within 180 days of the alleged breach or you will be barred from bringing a claim. At the Law Offices of Colby Lewis, we fight for your rights against the state of Texas or individual parties: contact our office for a full evaluation of your claim.
What voids a contract in Texas?
There are three main ways to void a contract in Texas: mistake, duress and fraud.
In claims of mistake, the mistake by both parties makes a contract unenforceable. However, a mistake by only one party may or may not make a contract unenforceable. An attorney will carefully examine the facts of your case and evaluate whether a joint mistake or single party mistake was made.
For a contract to be unenforceable for duress, you must be able to prove that one party pressured the other party into the contract. Either physical or mental duress makes the contract voidable by the party under duress. Contractual duress is never appropriate and your lawyer can help you recoup your losses.
Fraud, on the other hand, is the intentional misrepresentation of a significant part of the contract. The party who is the victim of fraud can make the contract voidable in Texas. If you’ve been affected by contractual fraud, let our legal team zealously advocate on your behalf and pursue any damages to which you may be entitled.
How long do you have to file a breach of contract claim in Texas?
According to Texas state law, plaintiffs have four years from the breach to bring an action. Known as the statute of limitations, this time limit is absolute – if you fail to bring your cause of action within the four-year window, you will be prevented from doing so.
Your breach of contract lawyer is Colby Lewis, trusted by Texans for years
At the Law Offices of Colby Lewis, we know that when business dealings fall apart there can be irreparable damages. That’s why we fight tirelessly to help both businesses and individuals alike protect their interests. Getting started is easy – simply call or click and you’ll be put in contact with our experienced breach of contract legal team.