Contracts lie at the core of any business engagement, granting each party certain legal rights pursuant to the agreement (and imposing various duties and obligations). The attorneys at Berg Plummer Johnson & Raval, LLP are not only equipped to review, draft, and negotiate business contracts — from service contracts, to distribution contracts, to non-disclosure agreements and sale of goods contracts — but are also experienced business litigators in Houston who have a long track record of favorably and cost-effectively resolving contract disputes.
An unexpected breach of contract dispute can saddle a company with the heavy burden of litigation and thus disrupt the normal ebb-and-flow of business. Skilled contract litigation therefore demands more than just a successful resolution — to the degree possible, the dispute must be resolved within a reasonable period of time so as to avoid significant disruption. The Houston business contract attorneys at Berg Plummer Johnson & Raval, LLP bring to the table decades of collective experience and a reputation for aggressive representation. Our reputation gives you an edge at the negotiating table early on, helping you avoid extensive litigation in cases where a potential compromise is possible.
Handling a Broad Range of Breach of Contract Issues
Our attorneys have comprehensive knowledge of both federal and Texas state contract law, and have experience helping clients navigate a complex web of potential breach of contract issues involving:
Misrepresentation of facts material to the contract may invalidate the contract, allowing the injured party to escape their obligations under contract and sue to recover compensatory damages for their losses sustained up to that point. If the misrepresentation is willful or malicious, then the at-fault party could potentially be liable for fraud and the court may — in limited circumstances — award punitive damages.
Whether a given breach can be deemed a “material breach” is a foundational matter in breach of contract litigation. If the breach is immaterial, then the court will not award damages. Materiality is a question of fact that requires a thorough examination of the language of the contract and the communicated expectations of each party when consenting to the agreement.
Contracts may be rescinded unilaterally, or with the consent of all parties. Even when a contract is rescinded pursuant to the mutual consent of the contracting parties, all consideration for the contract must be returned to their respective parties and any losses incurred as a result of rescission must be accounted for.
Depending on the contract, you may be entitled to lost profits that you did not earn as a consequence of the breach. Lost profits must be reasonably foreseeable. In Texas, you need not present an exact calculation of lost profits to recover — instead, you must simply bring forth enough evidence to show that there is a sufficient basis for estimating the amount of claimed lost profits. Recovering lost profits requires the steady guidance of an attorney who has successfully done so in the past.
Enforceability of Contract Stipulations
Some contract stipulations may be deemed unenforceable, perhaps due to the stipulation being unfair or against public policy. An unenforceable contract stipulation can have a substantial effect on breach of contract litigation — for example, if a liquidated damages provision is deemed unenforceable, then you will have to introduce evidence to support your damages claim.
Here at Berg Plummer Johnson & Raval, LLP, our business contract attorneys have handled numerous breach of contract lawsuits from beginning-to-end and are therefore well-equipped to evaluate the cost roadmap of litigation. We partner with clients to develop fee arrangements that are creatively tailored to each case.