Enforcement of Contract Rights
The Attorneys of Cutler Smith, P.C. have over 95 years of Combined Construction Law Experience.
Enforcement of Contract Rights
Contract Rights Enforced for Breach of Contract
Almost every organization will face issues with a vendor, supplier, or other entity who is violating a contract to supply products or services at some time. What is a breach of contract, and how does an attorney determine if one of the contract’s parties have violated the contract?
We seek to establish:
- The contract terms outlining the parties’ contractual duties;
- Whether the alleging breach of contract party conducted themselves accordingly under the contract;
- Whether the conduct constituting the breach is a failure to perform a contract duty or an affirmative act by the breaching party; and
- Whether the breaching party resulted in a loss or damages to the non-breaching party.
In Texas, the beach of the agreement must be significant; that is, the breach of a duty must produce damages and be important to the parties’ exchange and bargained for obligations. Most attorneys approach a contract matter from the standpoints of “liability” and “damages.” Many attorneys become fixated on responsibility, demonstrating contract terms, performance, and breach, but fail to thoroughly explore how to show damages, or collect on damages once you win the case! You can have a clever lawyer win a substantial judgment, but if the opposing party does not have assets from which to execute your judgment, your lawyer’s time and money are wasted.
Finding a Resolve When Disputes Arise
There is no specific formula for successfully addressing contract-related issues. In many circumstances, common sense and your contract’s simple wording will determine how you should proceed. Before participating in litigation, this is to present a general roadmap of informal and formal problem-solving procedures. Consider the following stages in general:
- Is your contract precise about the issue, such as payment, delivery, or product or service quality?
- If this is the case, talk to your vendor or supplier about it and attempt to address it right away. Confirm the problem’s resolution in writing. Make your agreement’s timing and specifics clear.
Call Us Now; We’re Ready to Help
If you are unsure how to continue, or if your prior ways of resolving contract issues do not appear to be working with a specific client, supplier, or vendor, contact an attorney immediately for advice. You may have a breach of contract issue, or you may have a legal issue, such as an unclear contract, an unexpected incident, etc., that requires a business resolution without the involvement of attorneys. As most clients are aware, it is always preferable to maintain a business relationship when a problem or conflict can be settled quietly. However, it is best to get legal advice to determine the strengths and weaknesses of your “case” before addressing the concerns with your vendor or supplier.
We are client-focused, effective, and ready to help anytime — contact us at 214-219-0800.
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