Lubbock & Amarillo, TX Breach of Contract Attorney
The Inside Scoop on Breach of Contract
Your adversaries in business like to throw out words intended to intimidate and threaten fellow business owners. The use of the term – “Breach of Contract” is often thrown out indiscriminately and is often misunderstood by the accuser and unfortunate recipient. Here are a few pointers.
1. What is Breach of Contract?
A breach of contract occurs when a contract is violated by one of the parties to the agreement. The formal notification of violation of a contract term is known as a “breach of contract”. However, many clients are unaware of whether a particular problem between the contracting parties actually rises to the level of a breach. It is not unusual for the parties to misconstrue the actual terms of the agreement and incorrectly conclude that a breach has occurred. Typically, in the case of contracts drafted by non-lawyers, the terms are not clear which is know as ambiguity. In those situations, it is best to consult an attorney for a professional opinion as to whether a breach of contract has actually occurred. Don’t fire off a salvo until you are certain as to the legitimacy of the target!
2. Do I Need a Written Contract to Claim Breach of Contract?
It depends. If the contract can be performed in less than one year and does not pertain to the sale of land, it does not have to be in writing and can be an “oral contract”. The problem with an oral contract is that you often run unto a situation of “he says – she says”. Without a formal writing, litigation can be a total mess and more expensive. That said, an oral agreement is enforceable so don’t give up your rights. You can declare the other party in breach for sure. Keep in mind that emails and correspondence between the parties can help establish the terms of the deal.
3. How About Getting Back My Attorney’s Fees?
Good news in Texas. If you sue for breach of contract and win, you are entitled to recover the attorney’s fees you paid to your attorney if reasonable.
Be careful before you accuse someone of breaching a contract. Once again – best to get professional advice before going down the litigation road!