Breach of Contract Claims

A breach of contract occurs when one party fails to fulfill obligations under a legally binding agreement. In Texas, contracts may be written, oral, or implied. Texas law recognizes the right to recover damages caused by a breach, including actual losses, consequential damages, and reasonable attorney’s fees. The Texas Civil Practice & Remedies Code provides the legal framework for enforcing contracts. 

• Written contracts generally have a four-year statute of limitations; oral contracts, two years. 
• Texas allows recovery of attorney’s fees in breach of contract cases, which is not standard in every state. 
• Damages may include expectation damages, reliance damages, and in some cases, consequential damages.

 Definitions: 

• What is a breach of contract?
  A breach occurs when one party fails to fulfill obligations under a legally binding agreement. 
• What types of contracts are enforceable in Texas?
  Written contracts, oral agreements, and certain implied contracts may all be enforceable if they meet legal requirements. 
• What is a material vs. minor breach?
  A material breach significantly undermines the contract’s purpose and allows the non-breaching party to seek remedies. A minor breach may entitle only to limited compensation. 

Process & Recovery:

• Can I recover damages if the other party is insolvent?
  Recovery may be limited, but legal strategies can help maximize compensation. 

Timing:

• How long do I have to file a claim?
  Generally, four years for written contracts and two years for oral contracts, with some exceptions.