Breach of Contract

Payment defaults—failure to make required payments under a contract—are among the most common forms of breach. To prevail, the non-breaching party must demonstrate the existence of a valid contract, its own performance or a valid excuse for non-performance, the other party’s failure to pay, and resulting damages. In commercial matters, payment defaults can also trigger acceleration clauses, default interest provisions, and attorney’s fee awards under the contract or applicable Texas statute.

Failed performance—a party’s failure to deliver goods, complete services, or otherwise meet its contractual obligations—forms the core of most breach of contract claims. Texas courts distinguish between material and immaterial breaches: a material breach excuses the non-breaching party from further performance, while an immaterial breach may entitle the non-breaching party to damages without relieving it of its own obligations. The standard remedy is expectation damages, which put the non-breaching party in the position it would have been in had the contract been fully performed.

Purchase agreement disputes—disagreements over the terms, execution, or performance of a contract for the sale of goods, real property, or a business—are a common category of commercial litigation. These disputes frequently involve ambiguous contract language, representations made during negotiations, earnest money disputes, closing obligations, and indemnification provisions. Texas courts apply established contract interpretation principles, looking to the plain meaning of unambiguous language and considering extrinsic evidence only where the contract is ambiguous.

Disputes arising from service contracts—agreements for the performance of professional services, consulting, construction, or other work—often turn on questions of scope, quality of performance, and acceptance. In Texas, the economic loss rule generally limits recovery to contract damages rather than tort claims where the parties are bound by a written agreement. These disputes may also implicate warranty obligations, limitation of liability clauses, and dispute resolution provisions such as mandatory arbitration agreements.