If you have been sued for breach of contract, you need to carefully consider whether you may have defenses available to you which will prevent the plaintiff from proving its claim against you. Our attorneys are experienced at reviewing contracts, analyzing potential contract liability and litigating all types of breach of contract disputes. Call 214-382-9789 or contact us online.
Was a Contract Breached?
At Lindquist Wood Edwards LLP in Dallas, we handle breach of contract litigation on behalf of businesses and individuals.
Parties in a breach of contract case frequently disagree about one or more of the following:
- Whether a contract was formed;
- whether the contract is sufficiently definite to be enforceable;
- whether one or both parties was mistaken about the terms of the contract;
- whether one or both of the parties has fully performed;
- whether the consideration was adequate;
- whether the contract is voidable because its terms are illegal or oppressive;
- and whether the contract was induced by fraud.
Typically, a breach of contract claim is based upon one party’s violation of a written contract which causes the non-breaching party to suffer damages. However, breach of contract claims can also be based upon what the law calls implied contracts.
Moreover, the law sometimes will assume a contract to exist based upon a legal duty or relationship by one party to another. This is sometimes referred to as a quasi contract. Some contracts, including most contracts for the sale of real property, must be in writing to be enforceable.
Breach of Contract? 6 Reasons Why Hiring an Attorney is Essential
In an ideal world, both sides benefit from the contract, and all of the terms will be fulfilled to everyone’s satisfaction.
The agreement will be a success. Unfortunately, as we all know, not all business relationships work out exactly like the parties expected or intended.
In some cases, one or more the parties will allege a breach of contract. If you or your business is being sued for a breach of contract, or if you are considering suing another party for breach of contract, it is essential that you hire a Dallas breach of contract attorney.
Breach of contract claims are deeply complex. Your lawyer will ensure that your legal rights and business interests are fully protected, and that you or your company can reach the best, most efficient resolution.
1. Immediate Action Must Be Taken to Protect Your Interests
If you or your business has sustained damages due to a breach of contract, you must preserve your rights. If a breach is allowed to persist unchallenged, you may end up damaging your ability to recover the maximum available financial compensation for the breach.
Your Texas breach of contract lawyer will be able to review the specific details of your case and determine exactly what steps need to be taken to protect your economic interests. Quick action is the key to successful results.
Likewise, if you or your company is being sued for a breach of contract, it is crucial that you prepare an immediate response to the lawsuit. Facing a lawsuit can be intimidating, frustrating, and confusing. It is imperative that you get an experienced contract law attorney by your side as early on in the process as possible. Your lawyer will be able to help you prepare any available defenses and look for the best possible resolution.
2. The Law is Complicated, and Your Contract Attorney Will Help You Navigate the Process
Contract law is notoriously complex. Navigating the legal process is challenging for non-lawyers. This is especially true if you already have a lot of other issues to manage in your professional life. Your case deserves full attention from a qualified professional.
Much of the law is highly technical. There are tight deadlines, specific filing protocols, and many other complex legal procedures with which you must comply. Even a small filing error could cause a tremendous amount of damage to your case. Your lawyer will make sure that your breach of contract case is handled properly.
3. All Relevant Evidence Must Be Gathered and Prepared
Similar to other lawsuits, compelling supporting evidence is one of the keys to winning a breach of contract case. All relevant evidence must be discovered, secured, and properly presented. Evidence in contract cases comes in many different forms. Certainly, one of the key pieces of evidence is the agreement itself.
However, there are many other types of evidence that are relevant as well. For example, any correspondence that you or your company had with the other party could potentially be material to the breach of contract dispute.
A contract attorney will be able to find and review all evidence so the most compelling possible case can be presented on your behalf.
4. Not Hiring a Contract Lawyer Can Cost You Money
By not hiring a breach of contract attorney, individuals and businesses could cost themselves a large amount of money. It could be one of the most expensive mistakes you ever make. A breach of contract attorney is an investment in a faster, more favorable resolution.
In some cases, money can be saved by working towards a good settlement agreement, and perhaps one that preserves the employment or business relationships. In other cases, money is saved in litigation or contract arbitration by presenting a stronger case.
A contract lawyer works to fully understand the case and to find the best available resolution.
5. Your Best Option May Be to Negotiate a Settlement
One of the primary benefits of hiring a breach of contract attorney early is that your lawyer will be able to explore and effectively pursue all available settlement options. While not every breach of contract dispute can be settled, there are many cases in which a favorable settlement is possible.
By waiting too long to hire a breach of contract attorney, parties sometimes miss out on good settlement opportunities. The longer a dispute persists, the more difficult it can be to reach a settlement.
A good contract lawyer can not only work to negotiate the best possible settlement, but they will be able to assess when a settlement is truly the best option and when it is better to fight the case in court.
6. You Should Not File or Defend a Breach of Contract Lawsuit Alone
To best protect your rights, it is strongly recommended that you hire a contract attorney as soon as a contract breach has occurred or been alleged by the other party. In many breach of contract cases, your lawyer will be able to help you find an out-of-court solution to the dispute. Of course, there are also many cases in which lawsuits will need to be filed. If you are filing a lawsuit, or a lawsuit has been filed against you, it is crucial that you seek professional representation.
You should not represent yourself in a breach of contract case. Even top-rated business lawyers will not represent themselves or their company in a dispute. Attorneys are always ready to hire their own lawyers. Litigants need a well-trained, emotionally detached legal advocate who has a deep understanding of all legal procedures and can get you or your business the best possible results.