TINA WYSKCommercial Litigation Attorney

Knowledge library

Contracts & Breach of Contract

When a customer, vendor or counterparty does not do what the contract says: proving the breach, the damages Texas allows, deadlines, fees and defenses.

28 guides on contracts & breach of contract, page 1 of 4Showing 1 to 9

Contracts & Breach of Contract A Customer Owes My Company a Large Unpaid Invoice. What Now? Gather the paper, present the claim in writing, then negotiate or sue. Texas gives unpaid vendors interest, a sworn-account pleading, and fees if the claim was presented first. 5 min readDraft Contracts & Breach of Contract Are Liquidated Damages Clauses Enforceable in Texas? Yes, if the harm from breach was hard to estimate when the contract was signed and the amount was a reasonable forecast of it. A clause that operates as a penalty is not enforced. 5 min readDraft Contracts & Breach of Contract Breach of Warranty Claims Between Businesses in Texas A warranty claim asks whether goods matched what was promised, expressly or by law. Texas requires notice within a reasonable time and allows four years from delivery. 7 min readDraft Contracts & Breach of Contract Can a Contract Cap the Damages I Can Recover? Limitation of Liability in Texas Usually yes. Texas enforces damages caps and consequential damages waivers between businesses as written. The limits: unconscionability, essential purpose, fair notice, fraud. 6 min readDraft Contracts & Breach of Contract Can a Court Force the Other Side to Perform? Specific Performance in Texas Sometimes. Specific performance is an equitable remedy for when money cannot replace what was promised: land, unique goods, a stake in a company. You must have performed too. 6 min readDraft Contracts & Breach of Contract Can Emails and Text Messages Form a Binding Contract in Texas? Yes. Texas gives electronic records the same effect as paper. An email thread showing agreement on the essential terms can be a contract, and a typed name can be a signature. 5 min readDraft Contracts & Breach of Contract Can I Get Paid Without a Signed Contract? Quantum Meruit and Unjust Enrichment in Texas Often, yes. Texas enforces oral and implied contracts, and where no contract can be proved, quantum meruit recovers the reasonable value of work the other side knowingly accepted. 6 min readDraft Contracts & Breach of Contract Can I Recover Attorney's Fees If I Win a Contract Case in Texas? Yes, if you win damages on the contract claim, presented it first and waited 30 days. Since 2021 the statute reaches LLCs and partnerships, not only corporations. 5 min readDraft Contracts & Breach of Contract Can I Sue an Out-of-State Company for Breach of Contract in a Texas Court? Yes, if the company has enough ties to Texas for a Texas court to have jurisdiction over it, and no forum-selection clause sends the case elsewhere. A contract alone may not do. 7 min readDraft
CallDiscuss Your Matter