Contracts are the foundation of business relationships. They establish expectations and provide recourse when promises are not fulfilled. However, if contractual obligations are not upheld, disputes can jeopardize a company’s financial stability, reputation, and growth potential. In Texas, where small and mid-sized businesses drive economic growth, having access to skilled legal counsel is not a luxury – it is essential for protecting your rights and ensuring your financial success.
We Sort Out Business Disputes Efficiently, Fairly and Economically.
Many small and medium-sized businesses find themselves facing different kinds of contract disputes. Many of these businesses, however, are unable to seek justice because they do not have the resources to afford legal representation. This is where our firm sets itself apart from its competitors. Instead of piling up unproductive billable hours, we focus on results and work in order to build a winning case for our clients.
This client-centric approach is central to our practice. We recognize that legal fees can be a significant investment for many business owners. That’s why we emphasize efficiency, transparency, and strategic planning in each case. We don’t believe in prolonging litigation to generate additional fees; instead, we aim to resolve disputes as efficiently as possible, without compromising the quality of representation our clients receive. Whether through early negotiations, alternative dispute resolution methods, or strong courtroom advocacy, our goal remains the same: achieving the best possible result for your business.
Understanding Contract Disputes: The Foundation of Business Litigation
The majority of business litigation cases involve disputes over contracts
This statistic emphasizes a fundamental truth: contracts have only as much strength as the parties’ willingness and ability to abide by them. In Texas, contract law is guided by both statutory provisions and common law principles, creating a complex legal landscape that necessitates expert guidance. A contractual dispute arises when one party claims that another has not fulfilled its obligations, performed them in an inadequate manner, or interfered with the other party’s ability to perform.
Breach of contract
Breach of contract is a common issue in business disputes. It can be “material”, which means it goes to the core of the agreement and significantly defeats its purpose, or “minor”, involving less critical obligations. Both types of breaches are recognized under Texas law, but the available remedies may differ. Material breaches may warrant termination of the contract and full damage recovery, while minor breaches may support only claims for partial compensation.
Nonpayment for goods or services, and collection matters
When customers or clients fail to pay for goods or services that have been delivered, businesses face immediate financial challenges. Collecting payments requires a strategic approach that balances the need for prompt payment with practical considerations such as enforcement. Our company uses targeted letters of demand, negotiated payment plans, and, if necessary, legal action to recover unpaid amounts while preserving business relationships whenever possible.
Enforcement of the terms of binding contracts
Sometimes, the goal is not just monetary damages, but specific performance – forcing the other party to fulfill their contractual obligations. In Texas, courts may order specific performance if monetary compensation is not adequate, such as in real estate transactions or unique service agreements. To enforce contract terms, precise pleading, compelling evidence, and persuasive advocacy are required.
Fraud claims, false promises, and statutory fraud
When a party enters into a contract based on false or misleading information, fraudulent claims may arise. In Texas, both common law and statutory fraud are recognized under the Deceptive Trade Practices Act (DTPA) and the Business & Commerce Code. Fraudulent claims can lead to enhanced remedies, such as exemplary damages and attorneys’ fees, but they require proof of certain elements, including knowledge of the falsity of the information and justifiable reliance on it.
Breach of fiduciary duty and unjust enrichment
Business relationships often give rise to fiduciary obligations, which include duties of loyalty, good faith, and full disclosure. When a partner, officer, or agent puts their own interests before those of the business, a breach of fiduciary duty may be appropriate. Similarly, an unjust enrichment claim addresses situations where one party benefits at the expense of another without legal justification. These types of claims require careful legal arguments and factual development.
Investment frauds
Investment disputes often involve complex securities laws, regulatory requirements, and sophisticated financial instruments. These cases may involve allegations of misrepresentation in private placements, failure to disclose material risks, or participation in Ponzi schemes. To successfully navigate these cases, attorneys need to have a deep understanding of both litigation strategy and the financial markets.
Business disputes lawyers not only cover possible contract breach or payment collection matters, they might also help you protect yourself from “money had and received” cases, in which one business uses a scheme, device, or fraud to receive money that rightly belongs to another business in order to obscure these funds for illegal purposes such as tax evasion.
We Offer The Aggressive, Result-Oriented Representation Your Business Needs
When facing a Business Dispute case, it is important to have experienced business litigation attorneys on your side. Not only can an expert lawyer figure out contract disputes through mediation and arbitration, but they will be able to represent you on court trials if it comes to it.
Hiring a lawyer is an important decision that should not be made lightly. Don’t settle for what simple advertisements offer you. Our success is measured by our ability to meet our client’s litigation goals needs, and not on our profit. Contact us today and get the representation that will focus on acting in your business’ best interests.
A no-nonsense technician; a grinder’s mentality. Mr. McCorquodale handles trials and appeals. Sandy has been bringing his unique combination of experience, skill, humor, and attitude to clients here in Texas for more than 35 years with a core belief that a straightforward, honest analysis and execution will always trump over tough talk and empty promises.
He represents clients throughout Texas in lawsuits involving personal injuries, wrongful death, traumatic brain injuries, financial disputes, insurance coverage, lawyers’ professional liability, accounting malpractice, contract claims, employment claims, hurricane claims, workers’ compensation claims, explosion claims, fraud and misrepresentation, fiduciary liability under ERISA, securities fraud, directors’ and officers’ liability, claims under the Texas Deceptive Trade Practices Act, franchisor- franchisee litigation and other matters. He represents clients in individual lawsuits, mass action lawsuits and class action lawsuits. He handles lawsuits in state and federal courts across the State of Texas and before the Division of Workers’ Compensation.
Learn About Disputes Among Business Owners
Contact S. McCorquodale, P.C. Today for Contract Disputes Located in Dallas & Houston
In need of legal counsel for contract disputes? Don’t navigate the complexities alone. Contact us today for expert guidance and resolution. Your contract matters, and we’re here to protect your interests.
Common Contract Disputes FAQs
We handle a broad range of contract disputes affecting small and medium-sized businesses. The majority of business litigation cases involve disputes over contracts, and we have extensive experience in this area. Common matters include breach of contract claims, nonpayment for goods or services, collection matters, enforcement of binding contract terms, fraud claims including false promises and statutory fraud, breach of fiduciary duty, unjust enrichment, and investment frauds. We also handle “money had and received” cases – situations where one business uses a scheme, device, or fraud to obtain money that rightfully belongs to another business, often to obscure funds for illegal purposes such as tax evasion.
A valid breach of contract claim generally requires three elements: the existence of a valid, enforceable contract; your performance of your obligations under that contract (or a valid excuse for non-performance); and the other party’s failure to perform their obligations, resulting in damages to you. However, contract disputes can be nuanced. Issues may arise regarding whether the contract was properly formed, whether the parties actually agreed to the terms, whether certain terms are ambiguous, or whether the alleged breach is material enough to justify legal action. Additionally, written contracts, oral agreements, and even implied contracts may all give rise to claims. Our approach is to provide a straightforward, honest analysis of your situation.
Many small and medium-sized businesses find themselves facing contract disputes but believe they cannot afford legal representation. Our firm sets itself apart by focusing on results rather than piling up unproductive billable hours. We understand that legal fees can be a significant burden, particularly when your business is already dealing with the financial impact of a dispute. Instead of running up the clock with unnecessary work, we focus on building a winning case efficiently. We handle contract disputes on various fee structures, including hourly billing and, in appropriate cases, contingency fee arrangements where our fee is contingent upon a recovery. Our success is measured by our ability to meet your litigation goals, not by maximizing our profit.
Contract disputes can be resolved through several different processes, and choosing the right path is an important strategic decision. Mediation is a voluntary, confidential process where a neutral third party helps facilitate settlement discussions. The mediator does not impose a decision—the parties control whether to settle. Mediation is often faster and less expensive than litigation and allows businesses to preserve relationships. Arbitration is a more formal process where a neutral arbitrator hears evidence and issues a binding decision, similar to a court judgment but typically faster and with limited appeal rights. Litigation involves filing a lawsuit in state or federal court, with cases proceeding through discovery, motion practice, and potentially trial.
If you have been accused of breaching a contract, taking prompt action is critical. First, do not ignore the accusation—delaying your response can result in default judgments or damage your credibility. Second, gather all relevant documents, including the contract itself, any amendments, correspondence with the other party, invoices, payment records, and any communications related to the dispute. Third, avoid making statements to the other party or their representatives without first consulting an attorney—what you say can be used against you. Fourth, contact experienced legal counsel immediately. We will review the contract, evaluate the allegations, and help you understand your rights and options. In some cases, the alleged breach may be excused by the other party’s prior conduct, or the claimed damages may be exaggerated. In others, the best path may involve negotiating a resolution to avoid litigation costs.
The timeline for resolving a contract dispute varies significantly based on several factors, including the complexity of the case, the amount in controversy, the willingness of the parties to negotiate, and the procedural path the case takes. Simple collection matters or disputes involving clear contract language may resolve within weeks or months through negotiation or mediation. More complex cases involving fraud claims, disputed facts, or significant damages may take longer – particularly if the case proceeds to litigation and trial. Our goal is always to resolve disputes as efficiently as possible without sacrificing the quality of the outcome. We will work to understand your priorities – whether that means achieving a quick resolution to minimize disruption to your business or pursuing full recovery even if it requires more time – and develop a strategy aligned with your goals.
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