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Breach of Contract

Dallas Attorney Litigates Breach of Contract Cases

Skilled business litigator analyzes the issues and delivers results

Business transactions depend on written agreements and the good faith commitment of the people responsible for fulfilling the terms. When parties fail to perform, their breaches damage the value of the contract and expose them to corporate, and sometimes personal, liability. At the Law Office of Paul R. Clevenger, I draw on more than 30 years of business litigation experience to manage breach of contract cases. I perform a detailed analysis of the contract in question, the circumstances of the alleged breach, and applicable case law. Always conscious of litigation expenses, I conduct a thorough cost/benefit analysis of various remedies and resolution strategies and present you with my best recommendation for how to proceed. When you retain my services, you get a seasoned business litigation attorney who is also capable of managing appeals if necessary.

Breach of business contract in Texas

Businesses should handle breaches of contracts aggressively, but that doesn’t mean immediately filing a lawsuit. If you are the non-breaching party, you must assess whether a breach has actually occurred and if it will have a material impact on the contract. You may only sue for a substantial breach that prevents the contract from being completed or defeats its purpose. You also have a duty to act responsibly to minimize your damages, and you must explore your options for doing so. If you anticipate breaching a contract, you may want to notify the other party of your situation and work on preventative strategies, such as revising or terminating the contract. Taking prudent measures before a breach can help preserve business relationships for the future.

When a breach occurs, the breaching party wants to limit its liability, while the non-breaching party wants to maximize its recovery. I help business clients achieve appropriate remedies, which can include:

  • Liquidated damages — amounts set by the contract that the breaching party is obligated to pay the non-breaching party.
  • Expectation interest — damages that give the non-breaching party the benefit of its bargain by putting it in as good a position as it would have been if the contract had been performed.
  • Restitution interest — damages to restore property or money taken from the non-breaching party by the breaching party and to attempt to put the non-breaching party in as good a position as it would have been in if no contract had been made. This type of damages is often awarded when the non-breaching party has partially performed but its remaining performance was prevented by the breaching party.
  • Specific performance — In rare cases, a court will order the breaching party to fulfill the contract.
  • Rescission — The contract is declared void, money paid is returned, and the parties are returned to their earlier positions as if no contract had been made.

If you are about to breach a contract, you should seek qualified legal assistance immediately. The cost of a breach can cost you many thousands of dollars. Further, Texas law and many contracts require the breaching party to pay the cost of the non-breaching party’s attorney’s fees.

If you are a party to a contract and the other party has breached, you should also immediately seek the advice of competent counsel. There are often actions you must take to protect your rights under the contract and under Texas law. In addition, qualified counsel may be able to help resolve the situation without the need to file a lawsuit.

Contact a skilled litigation attorney for breach of contract cases

The Law Office of Paul R. Clevenger provides effective representation in breach of contract cases. Call me today at 469-212-9764 or contact me online to schedule a free initial consultation. My office is in northeast Dallas at 6510 Abrams Road, close to the White Rock Creek Greenbelt.

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Our Office
  • Dallas Office
    6510 Abrams Road
    Suite 300
    Dallas, Texas 75231
    Phone: 214-213-8701
Associations
  • The State Bar of Texas
  • Dallas Bar Association
  • North Dallas Bar Association