Breach of Contract Litigation – Claims

There are specific facts that a breach of contract attorney must prove. Specifically, to prevail on a breach of contract claim, a plaintiff (the damaged party) must prove (1) a valid contract existed between the plaintiff and the defendant (the party who breaches the contract), (2) the plaintiff tendered performance or was excused from doing so, (3) the defendant breached the terms of the contract, and (4) the plaintiff sustained damages as a result of the defendant's breach. West v. Triple B Servs., LLP, 264 S.W.3d 440, 446 (Tex. App.-Houston [14th Dist] 2008, no pet.). But, what if the breaching party claims they never actually read the contract and, therefore, cannot be held liable for breaching it? Such an argument will provide no defense whatsoever to a breach of contract claim. By signing a contract, a party is presumed to have read and understood its contents. See In re Prudential Co. of Am., 148 S.W.3d 124, 134 (Tex.2004). Cantella & Co., Inc. v. Goodwin, 924 S.W.2d 943, 944 (Tex. 1996) (Texas law presumes a party who signs a contract has read it and knows of its contents).

When a party refuses to comply with their contractual obligations, a breach of contract attorney can help you obtain legal recourse. The contract litigation lawyers at Taylor Dunham LLP, are experienced in enforcing the rights of companies and individuals.

Our breach of contract business litigation attorneys are based in Austin, Texas, and represent clients not only in Austin but throughout Texas and all across the country. At Taylor Dunham LLP, you will find contract litigation lawyers who have received preeminent ratings by Martindale-Hubbell, earned board certifications in Civil Trial and Commercial Law and received recognition as Super Lawyers.

We combine with our experience in contract litigation a willingness to use creative and incentive-based fee arrangements, different from the high hourly rates of large firms. Unlike many larger firms, Taylor Dunham LLP frequently offers clients the benefits of contingency fee arrangements (where we are only compensated if there is a successful recovery) and hybrid fee arrangements (a combination of a reduced hour rate and reduced contingency rate). When you need effective and aggressive representation from a lawyer experienced in breach of contract litigation in Austin, Texas, or elsewhere, Taylor Dunham LLP would welcome your inquiry.

Contact us for your initial consultation regarding your breach of contract claims case.

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