If your business has suffered harm because another party failed to meet its contractual obligations, you need an experienced breach of contract attorney. That’s where Ryan G. Cole PLLC comes in. Our firm has extensive experience representing businesses throughout the Dallas-Fort Worth area and Northern Texas in breach-of-contract claims.
We understand the nuances of breach of contract cases and have a track record of success in arbitration and court proceedings. While contract disputes can often be resolved through negotiations, our trial-ready lawyers will litigate, if necessary, to achieve the desired results.
Whether you are the breaching or non-breaching party, we will work strategically to protect your rights and interests. Call our office today for a consultation.
About Contracts in Northern Texas
Contracts are legally enforceable agreements between two or more parties that include the following elements:
- Offer by one party
- Acceptance of the offer by another party
- Exchange of consideration between the parties
“Consideration” means something of value, such as money in exchange for goods or services.
What Is Breach of Contract?
Breach of contract occurs when one party to an agreement fails to fulfill its contractual obligations to the other party. Common types of breaches include:
- Material breach – When a party commits a substantial violation of a contract, it is considered a material breach. This type of breach (1) has a detrimental impact on the parties, (2) hinders their ability to fulfill their respective obligations, and (3) undermines the agreement. In the event of a material breach, the non-breaching party has the right to cease performing its contractual obligations and take legal action to recover damages.
- Minor breach – In some instances, one party may fail to fulfill a specific aspect of a contract without (1) breaching the agreement in its entirety and (2) preventing the parties from meeting their remaining contractual responsibilities. Such a minor breach, although significant, might not grant the aggrieved party the right to sue for damages, particularly if the resulting harm is minor, making a lawsuit impractical.
- Anticipatory breach – This type of breach arises when one of the parties to a contract indicates, either verbally or through their actions, their inability to fulfill their contractual duties. In such cases, the non-breaching party must take steps to minimize their losses and avoid incurring any unnecessary expenses. Otherwise, they may be unable to seek compensation for any additional damages incurred.
Regardless of the type of breach, you need an experienced Dallas-Fort Worth breach of contract attorney to protect your rights and interests. At Ryan G. Cole, PLLC, we prefer to resolve contract disputes through negotiations but always prepare to litigate to achieve the best possible outcome.
How Bad Faith Differs From Breach of Contract
Bad faith and breach of contract are distinct concepts. While both involve failures to fulfill contractual obligations, they differ in their underlying nature and legal implications. Bad faith refers to the intentional or dishonest conduct of a party in the performance of their contractual obligations. It involves a deliberate attempt to undermine the contract’s purpose or exploit the other party. Examples of bad faith include:
- A contractor intentionally uses subpar materials, knowing that it will compromise the quality of the construction project
- A supplier deliberately delays deliveries, causing financial harm to the other party
- An insurance company unreasonably denies a valid claim without proper investigation or justification
Bad faith goes beyond a mere failure to fulfill obligations; it involves deceptive or dishonest actions that undermine the trust and fair dealing expected in contractual relationships.
How To Prove Breach of Contract
To establish a claim for breach of contract, we must prove the following elements:
- Valid Contract – The existence of a valid and enforceable contract between the parties (e.g. offer, acceptance, consideration).
- Agreement – The parties must have reached a clear and definite agreement on the terms and conditions of the contract, including the rights and obligations of each party.
- Breach – There must be an actual breach, meaning that one party failed to perform its obligations as specified in the contract (e.g. failure to perform, a delay in performance, or a defective performance.)
- Materiality – The breach must be material, meaning that it must be significant enough to affect the core purpose of the contract and undermine the value or benefits expected by the non-breaching party.
- Performance – The non-breaching party must have performed its own obligations under the contract or have a valid excuse for non-performance. If the non-breaching party failed to fulfill its own obligations, it may impact its ability to claim a breach of contract.
- Damages – The non-breaching party must have suffered actual damages as a result of the breach.
- Causation – There must be a causal connection between the breach of contract and the damages suffered by the non-breaching party. The damages should be a direct and foreseeable consequence of the breach.
The specific elements required to establish a breach of contract claim can vary based on the specific terms of the contract. Trust Ryan G. Cole PLLC to demonstrate the elements of breach of contract and protect your interests.
Legal Remedies for Breach of Contract
Depending on the circumstances, the non-breaching party may be awarded damages, such as:
- Compensatory damages restoring the non-breaching party to the financial position they would have been in if the breach had not occurred
- Consequential damages compensating the non-breaching party for reasonably foreseeable future losses (e.g. reimbursement for lost business)
- Liquidated damages covering losses that can be difficult to quantify (if the contract provides for such damages)
Other remedies for breach of contract include:
Specific Performance
The court may order the breaching party to perform its contractual obligations (e.g. providing a service) when monetary damages will not sufficiently compensate the injured party.
Rescission
The court may invalidate the contract and return the parties to their previous position if the non-breaching party cannot recover damages or no other legal remedy is available.
Talk To An Experienced Dallas-Fort Worth Breach of Contract Attorney Today
Whether your business is the breaching or non-breaching party, you can rely on Ryan G. Cole PLLC to find a solution and protect your interests. Contact our office today to get started.