Breach of Contract
Has a supplier or customer failed to honor the terms of a contract? A business litigation lawyer from the Michael P. Fleming & Associates law firm can effectively represent your business. Our attorneys can assist you in collecting all outstanding amounts owed to your company. To prove a breach of contract case, it is necessary to prove the following basic elements:
- Existence of a valid contract;
- Performance by you;
- Breach of the contract by the defendant; and
- Damages caused by the breach of the contract
Similar to the breach of contract claim is a suit for quantum meruit. A quantum meruit claim is an equitable claim where one seeks payment for goods or services where there was no formal contract. This can be used to prevent unjust enrichment such as when one party performs services for, and with the acceptance of, another person. If the accepting party was reasonably notified that the performing party was expecting payment, it may be possible to seek payment even without a formal oral or written contract.
Statutes of limitations can bar your claim if a lawsuit is not filed in time. It is also important to consult with an attorney to make sure that you can recover your attorneys fees incurred as a result of the breach of contract.
If you or your company is the victim of a breach of contract, you might be entitled to damages and attorneys fees caused by the actions of the other party. If you believe you have a breach of contract or quantum meruit claim, contact business litigation attorney at Michael P. Fleming & Associates, P.C. today to discuss your options.
Types of Cases our Houston Breach of Contract Lawyers Handle
The attorneys at the Michael P. Fleming & Associates Houston law firm are committed to protecting the rights and interests of each client. Our lawyers are effective negotiators and effective litigators who focus on efficient resolution of breach of contract disputes – ultimately saving our clients’ time and money.
- Real estate contract disputes: Our law firm represents clients in real estate disputes arising from a purchase and sale contract dispute or other real estate breach of contract claim in Houston or throughout Texas. Former Harris County Attorney Michael P. Fleming is board certified in Real Estate Law by the Texas Board of Legal Specialization. Many real estate contract disputes arise out of allegations of failure to disclose property defects prior to sale. If you have purchased property and discovered that the seller misrepresented the property condition or failed to disclose defects, we may be able to assist you in seeking compensation for your damages for fraud. Likewise, if you have sold property and are now being accused or sued for alleged failure to disclose, please call our office to see how we can assist in defending you in court.
- Business contract disputes: We represent business owners and other business professionals in various business-related breach of contract disputes, such as partnership disputes, contract disputes between businesses, operating agreement disputes, and other business litigation. If your business needs legal representation in matters related to a contract dispute, contact us today. If you or your company has been served with a citation (notice of a lawsuit), it is imperative that you obtain counsel immediately to protect your rights. There are time limits on filing an answer and responding to any discovery requests that may have been served. Waiting too long can result in a default judgment being entered against your company. If you have been served, call an attorney immediately. If you have been defrauded by a partner, contact us immediately.
- Employment contract disputes: Our breach of contract lawyers protect the interests of employers involved in employment disputes involving employment agreements, severance agreements, non-compete agreements, and other employment litigation. If you have an employee who has quit or been terminated and is now competing with you in violation of a non-compete agreement, you may be able to seek a court order preventing this breach of contract.
- Other contract disputes: Call our contract lawsuit lawyers today to discuss any contractual dispute you might be facing.