Houston Litigation Attorney For Intentional Breach Of Contract
All businesses rely on contracts to establish the responsibilities and expectations of the parties to the contract. Whether it is a business-to-business transaction, a construction agreement or an employment agreement, a contract that is breached could be costly for all parties involved. When someone breaches a contract intentionally, it is crucial that you seek skilled legal representation as soon as possible.
Our Houston business fraud attorney, Pete Patterson, has more than 30 years of experience in cases that involve a breach of contract, including instances of business fraud and intentional breach of contract. Attorney Patterson is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, and he has won more than $190 million in verdicts, judgments, settlements and recoveries for his clients.
To set up a meeting regarding your breach of contract concerns, please call us in Houston at 713-804-9318 or complete our contact form. Patterson PC represents clients throughout Texas, as well as clients with headquarters in other states.
What Is An Intentional Breach Of Contract?
Prosecuting intentional breach of contract means proving the offending party violated the contract “willfully.” This means the breaching party acted while knowing that taking or failing to take an action would reasonably cause a breach of the agreement. Proving an intentional breach can be difficult without the assistance of an experienced breach of contract attorney.
See our case results and client testimonials to learn more about the high level of service and representation that we provide.
Types Of Contract Breaches
There are generally three ways that a person or business could violate a business contract:
- Non-material breach: In a non-material breach, one party fails to perform a minor, non-essential obligation specified in a service or product, though the service or product is ultimately delivered.
- Material or fundamental breach: A material breach occurs when a party fails to complete the essential terms of a contract.
- Anticipatory breach: When one party indicates that it will not meet its contractual obligations, the non-breaching party may anticipate the breach, terminate the contract and sue for damages before the breach occurs.
Typically, contracts that did not lead to a material or anticipatory breach are overlooked by the non-breaching party. However, when a failure to meet contractual obligations leads to significant profit loss, a business can sue for compensation.
How Can You Prove That A Breach Of Contract Was Intentional?
Proving that someone intentionally breached a contract requires looking at their actions and communications. We search for evidence that the other party knew about their obligations but chose to ignore them. This evidence can include:
- Internal emails
- Text messages
- Witness testimony
- Patterns of behavior
- Financial records
Internal emails, text messages or witness testimony often reveal a person’s true motives. We also look for patterns of behavior. If a vendor stops deliveries while negotiating a better deal elsewhere, it suggests a calculated move. Financial records can show if they diverted resources away from your project. Gathering the facts and strategically compiling evidence can build a strong case to demonstrate to the court that the breach was not an accident.
Remedies For Breach Of Contract
If you have experienced an intentional breach of contract, a number of legal remedies may be available. Damages may be awarded to compensate for any loss you or your company experienced as a result of the breach.
Compensatory damages may include expectation damages and consequential damages. Expectation damages might cover what you intended to get out of the contract, based on market value or the contract itself. Consequential damages are designed to cover indirect damages caused by the breach of contract. For example, if the violation of contract contributed indirectly to your loss of profits, those lost profits would be compensated.
Can You Recover Punitive Damages In An Intentional Breach Of Contract Case?
In most Texas contract cases, the law focuses on making you whole rather than punishing the other side. This means you usually recover your actual financial losses. However, you might qualify for punitive damages if the intentional breach involves a separate tort. A tort is a legal wrong, such as fraudulent business activity or even theft. If the other party lied to get you to sign the contract, a court might award extra money to punish them. An experienced contract attorney can help you evaluate your case and better understand what types of damages you might be able to pursue.
If The Other Party Intentionally Breaches A Contract, Do You Still Have To Fulfill Your Obligations?
If the other party materially breaches a contract, you may not have to fulfill your contractual obligations. Generally, an intentional breach of a contract is considered a material breach. If their failure ruins the entire purpose of the contract, it often excuses your future performance.
However, you should act carefully before you cease your own work. If a judge decides the breach was minor, you could face legal consequences for failing to perform under the terms of your agreement. An experienced contract lawyer can help you evaluate the severity of your situation and advise you of your options. Consulting an experienced breach of contract lawyer can protect you from making a costly mistake.
Contact Patterson PC Today
To schedule a meeting to discuss your breach of contract concerns, please call us in Houston at 713-804-9318 or complete our contact form. Patterson PC represents clients throughout the Houston area and all of Texas.