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Contract Disputes

A contract dispute in Houston can occur if you or your business entered into a legally binding contract with another individual or business, but the other party failed to perform their part of the contract, or they allege you violated the terms of the contract. Examples of common contract disputes in Houston are:

  • Contract breaches,
  • Warranty breaches,
  • Infringement disputes,
  • Partnership or shareholder disputes,
  • Unfair competition claims,
  • Sales contracts and exclusivity clauses,
  • Commercial lease agreements, and
  • Contract enforceability.

If you are involved in a contract dispute in Harris County, it is important to hire an experienced civil litigation lawyer in Houston who can represent your best interests during contract dispute litigation or help resolve the dispute prior to litigation.

Houston Contract Disputes Attorney

If you are involved in a contract dispute in Houston, or any of the surrounding areas in Texas, including Spring, Humble, Tomball, Aldine, Atascocita, Klein, Jersey Village, The Woodlands, Conroe or Oak Ridge North, contact the law offices of Wilhite & Associates, P.C. The attorneys of Wilhite & Associates are experienced in all areas of Texas’ contact laws and will defend a contract dispute brought against you or bring a contract suit against another party who violated the terms of your contract. Call Wilhite & Associates at (281) 537-2171 for a free consultation about your contract dispute.

Breach of Contract in Houston

A breach of contract can occur when one party fails to perform their part of the contract, and as a result, the other party to the contract has suffered damages.

The contract must be an enforceable contract, or the contract must actually and legally exist. Therefore, the contract must be based on an offer by one party and an acceptance by the other party. The contract must also be based consideration, or a promise for a promise to enter into the agreement. The contract also cannot be void, based on an illegal purpose, and the parties must have the mental capacity to enter into the contract.

A breach of the contract must be material. This means it is not just a small insignificant breach, but was an essential term to the contract. A material breach occurs of the contract is so broken that it defeats the entire purpose of the contract.

When determining whether a breach was material, the court will often look at whether the breach came from something the parties bargained for or made a promise for, whether the injured party cannot readily be compensated for their loss, whether the breaching party acted in bad faith, whether the breaching party made efforts to remedy the breach, and whether the non-breaching party was able and ready to perform their part of the contract.

Finally, the breach must result in some damage to the injured or non-breaching party. This means the non-damaged party must not be able to readily replace the thing they were promised, or they were not able to replace it without incurring additional costs. Damages can be monetary, an item, a benefit or property the non-breaching party was promised.

Houston Breach of Warranty

A breach of warranty most often occurs when a manufacturer or seller makes a promise about an item or good and subsequently breaks that promise. This breach can occur if the product is not as expected at the time of the sale. Even if the defect becomes apparent later, the non-breaching party can still recover damages.

Warranties are generally express or implied. According to section 2-313 of the Uniform Commercial Code, an express warranty is any affirmation of a fact or promise made by a seller that is part of the basis of the agreement. An express warranty can also be any description of the goods that is part of the basis of the agreement, or any sample or model that indicates all goods in the contract will conform to the sample or model. The seller also does not have to use the words “warrant” or “guarantee” for an express warranty to exist.

Under the Uniform Commercial Code § 2-314 and 2-315, an implied warranty is implied in certain types of contracts unless the contract modifies or excludes the warranties. Implied warranties can also exist from the course of dealing or trade usage. An example of an implied warranty in a contract is that the goods are fit for a particular purpose. An implied warranty may exist in a contract if the seller knows the buyer has a particular purpose for the goods.

Enforceability of a Contract in Houston

Contract disputes often arise out of the enforceability of a contract. Some of the most common enforceability issues are listed below.

  • Statute of Frauds – According to the U.C.C. § 2-201, a contract for the sale of goods where the price of the goods is $500 or more, a contract for the sale of land, or the contract will by its terms take more than one year to perform must be signed and in writing by the parties to the contract. If these requirements are not met, the contract may not be enforceable.
  • Vague or Ambiguous Contract Terms – The terms to a contract may have different meanings to different people, and the court will generally construe the terms to a contract based on what is in the four corners of the contract document, or only the writing in the contract. However, courts may also look at past performance of the contract, past dealings in other contracts and trade customs or usages to determine the meaning of a contract’s terms. If the court cannot interpret the meaning, the contract will be void and not enforceable.
  • Void or Voidable Contracts – A contract that is void is one that could not have been legally created because there was no meeting of the minds. For example, if the contract was created for an illegal purpose or if the contract was entered into by an incompetent party. A voidable contract is one that can be voided by the parties because there was some mistake in the contract or another factor, but the contract is not legally void. Examples of a voidable contract are if one party coerced another into entering the contract or if a minor was a party to a contract.
  • Mental Capacity of Contracting Parties – The mental capacity of a person at the time the contract was entered into can be the result of drug or alcohol intoxication or from some mental illness or defect. This form of contract is voidable.
  • Contract for an Illegal Purpose – A contract that violates legal principals or public polices, such as a contra
    ct for murder for hire, is an example of a void contract.

Wilhite & Associates, P.C. | Houston Contract Dispute Lawyer

Contact Wilhite & Associates, P.C. today for a consultation about your contract dispute in Harris County in Texas. Attorney C. Wilhite Law of Wilhite & Associates is an experienced Houston contract law attorney who will make every effort to help you achieve the most desirable outcome in your particular contract dispute. Contact Wilhite & Associates, P.C. at (281) 537-2171 for a consultation about your contract dispute throughout Harris County, and the surrounding areas of Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.

Wilhite & Associates, P.C. represents clients from all over Southeast Texas, including:

Harris County - Aldine, Atascocita, Barrett, Barker, Baytown, Bellaire, Brownwood, Bunker Hill Village, Channelview, Clear Lake, Cloverleaf, Crosby, Cypress, Deer Park, East Houston, El Lago, Galena Park, Hedwig Village, Highlands, Hilshire Village, Houston, Hudson, Humble, Hunters Creek Village, Jacinto City, Jersey Village, Katy, Kingwood, Klein, La Porte, Louetta, Lynchburg, Nassau Bay, North Houston, Pasadena, Piney Point Village, Seabrook, Sheldon, Shoreacres, South Houston, Southside Place, Spring, Spring Valley, Taylor Lake Village, Tomball, Webster, West University Place

Montgomery County - Conroe, Cut and Shoot, Magnolia, Montgomery, Oak Ridge North, Panorama Village, Patton Village, Roman Forest, Shenandoah, Splendora, Stagecoach, Willis, Woodbranch, Woodloch, The Woodlands

Fort Bend County - Arcola, Beasley, Fairchilds, Fulshear, Kendleton, Meadows Place, Missouri City, Needville, Orchard, Pleak, Richmond, Rosenberg, Simonton, Stafford, Sugar Land, Thompsons

Waller County - Brookshire, Hempstead, Pattison, Pine Island, Prairie View, Waller

Grimes County - Anderson, Bedias, Iola, Navasota, Todd Mission

Washington County - Brenham, Burton, Chappell Hill

The hiring of a personal injury attorney or other civil law attorney is an important decision that should not be based solely upon advertisements. Before you decide which Houston attorney to hire for your case, ask us to send you free written information about our legal experience and qualifications.

This site is sponsored by George W. Wilhite, P.C. Our principal office is located in Harris County, Texas at 17101 Kuykendahl Rd., Houston, TX 77068.

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