Breach of Contract Attorney in Dallas
Legal Counsel for All Types of Breach of Contract
One of the most fundamental business disputes is a breach of contract. Ultimately, when someone breaches a contract, an election has to be made about whether to institute some legal proceeding. Depending on the contract, a proper forum may be in state or federal court, or some other contracted forum such as arbitration.
At Lyons & Simmons, LLP, we have extensive experience handling contract matters before judges, juries, arbitrators, and mediators around the country. Contracts sometimes contain forum selection clauses, limitations on liability, “prevailing party” clauses, and other contracted provisions that may impact your rights and remedies. It’s important to understand this upfront. Our team can help.
Contact us online or call (844) 297-8898 to schedule a consultation with a breach of contract lawyer in Dallas.
Breach of Contract Remedies
Our breach of contract attorneys have handled cases all over the country and have dealt with all sorts of business litigation issues. We’ve represented merchants, customers, large corporations, governmental entities, small businesses, and individuals in contract disputes involving anything from goods and services to complex management agreements involving hundreds of millions of dollars.
Weighing the risk-utility of these cases upfront is important. Some factors include:
- Sometimes a loss can mean you pay the other side’s attorneys’ fees
- Sometimes filing the case in an improper venue or forum can result in unnecessary delay and expense on the front end
- You may also cause yourself to be exposed to a claim for breach of contract in and of itself.
Having an experienced business litigation attorney is important to your best outcome. At Lyons & Simmons, we will examine every detail of your case and create a tailored strategy to achieve your ultimate goal.
Can You Recover Attorney Fees in Breach of Contract Cases in Texas?
Under Texas Civil Practice and Remedies Code Section 38.001, the prevailing party may be able to recover attorney's fees from individuals and corporate entities for breach of an oral or written contract. In cases where the breach involves limited liability companies, partnerships, or other business entities, recovering attorney fees may not always apply, unless the parties explicitly state this in the contract. This is why it is important to have an attorney assist with the negotiation of contracts to protect your financial interests.
Not All Breaches Are Created Equal
Some breaches require immediate attention. Courts can sometimes provide extraordinary remedies for extraordinary situations. We have been thoughtful and aggressive in all types of business litigation cases, successfully obtaining temporary restraining orders and temporary injunctions where the harm created by the breach of contract is imminent, irreparable, and any remedy at law is simply inadequate.
If you believe a temporary injunction is needed in your case, or if you’ve been served with a temporary restraining order or temporary injunction, then our Dallas trial lawyers can help.
What Are the Elements of a Breach of Contract?
A fundamental breach of contract, by contrast, arises when the terms of a contract have recognizably not been met to the point where one party can terminate the contract and often pursues a lawsuit for damages.
If the case goes to court, the judge will need to determine:
- If there was an existing contract
- If the contract was ever modified
- What the contract specifically required of each party
- Whether or not the claimed breach occurred
- Whether the breach was minor or material to the contract
- If the defendant has a viable defense
- Any damages that were caused
Ready to Work With Experienced Litigation Lawyers in Dallas?
We are eager to discuss your contract issues with you and determine if you have a viable case. Call us at (844) 297-8898 to talk to a business litigation attorney in Dallas. You can also complete an online form to tell us more about your case.
You can set up a free consultation today when you reach out to Lyons & Simmons, LLP at (844) 297-8898.