Texas Contract Law Attorney
Protect Your Business with a Team That Handles High-Stakes Situations
Contracts are an integral part of any business; a well-written contract can have a significant impact on the success of your company and help you avoid potential problems. If you are starting up a new business, a contract will help establish and define your business needs and guidelines. If you are in the process of acquiring a new company or need help revising or drafting additional contracts, our Houston business attorneys can help.
Our legal staff has experience in the development of numerous contracts and agreements, including:
- Business sales
- Purchase and sale of goods and services
- Brokerage agreements
- Agency agreements
If you are a small business owner, you may be tempted to copy another company's contracts. However, most companies are better served with legal documents drafted to suit them. In fact, a contract can help you avoid potential lawsuits, employee problems, and other conflicts. To learn more about protecting your interests with a competent contract lawyer, contact our team at Arnold & Itkin for a free, confidential consultation.
Breach of Contract Attorneys in Houston, TX
To understand a breach of contract, you have to understand a contract's parameters. A contract is a legally-binding agreement made between two parties, obligating one or both parties to specific duties. Contracts can be verbal or written. When they are verbal, they are difficult to define. If both parties understand that the contract was binding and a party does not uphold their side of the contract, a breach has taken place. A breach of contract is a legal cause for action taken against a party; if convicted, they will be said to have committed a civil wrong.
There are four main types of contract breaches:
- Minor Breach
A minor breach is a type of breaking of promise that does not include failure to perform all the duties of the contract. The contract at its very foundation was not broken in whole, but rather in part. This is in direct contrast to a material breach.
- Material Breach
This type of breach is so substantial that it nullified the contract in whole. For example, if a business owner paid a contractor to install porcelain sinks in every bathroom, but the contractor did not complete any part of this action, whether by statement or by avoidance, then the business owner can file a breach of contract to either cancel the contract or even sue.
- Fundamental Breach
Also called a repudiatory breach, this can warrant termination of contract or suing for damages.
- Anticipatory Breach
This takes place when the promising party refuses to uphold their side of the contract by the declaration of intent. This happens before the promising party refrains from upholding the contract and instead states that they do not intend to do so.
When individuals are the victim of a breach of contract, they normally don't call it that. They normally call it by what it feels like: a "broken promise," a "failed commitment," a "betrayal." A venue double-books your reservation. A travel agency promises you a certain package, but gives you a lesser one. An employer or business partner robs you of a benefit that you had been promised. You're contractually entitled to payment by a certain date, but the business keeps dodging you. These are all betrayals—and are common examples of breaches of contract.