Contract Formation and Disputes
Conducting business in today’s economy is tough and being truly successful is even tougher. Most people don’t have money to throw away on bad business deals or broken promises, so it is essential to use contracts to ensure both parties in a deal get what they want in writing. It doesn’t matter if a person is selling tires, cooking Italian food or owns a fortune 500 company, nearly every business will need a contract at some point.
Every contract a person gets into should be carefully drafted to ensure all of their business rights are protected and the agreement is a benefit to them. The contract should not create any unnecessary liabilities, burdens or costs for either party. A problem arises if the business owner doesn’t fully understand what he/she is getting into or they choose to use a contract template they found online that rarely covers all of their rights. Contracts, in general, must have very detailed language and are open to interpretation. This interpretation can lead to contract disputes that can result in a long legal battle and money wasted. It is vital for business owners to seek the advice of an experienced contract lawyer if they want the best possible outcome for their contract formation and any disputes that arise.
Contract Formation and Disputes Lawyer
Contract formations and disputes are serious matters that deserves serious attention from the professional lawyers at The Gonzalez Law Group. Do not allow anyone to dishonor a contract they have with you. Marco Gonzalez and his legal team will help you enforce your contract and fight for you if you are being accused of breaching your agreement.
Contact The Gonzalez Law Group if you need help writing a contract, need help to resolve a contract dispute, or if someone is suing you. The The Gonzalez Law Group will work diligently to achieve the best possible outcome on your behalf. If you live in Harris County including Houston, Tomball, Deer Park, Spring, Humble, Baytown and any other surrounding areas contact The Gonzalez Law Group at (832) 530-4070 or fill out an online formfor your free consultation.
Construction Information Center
Harris County and other places around Texas are enjoying a growth-friendly business climate and the need for comprehensive contracts is on the rise. A well-written contract can mean the difference between a smooth business relationship and one filled with constant litigation and disputes. Making sure a deal is done right the first time can help a business achieve the results it expects without legal problems and expenses. Under Texas law, a binding contract usually consists of six crucial elements. These elements are:
Legal purpose for the contract
A legal contract will only be binding if there is a legitimate purpose to it. For example, a person can’t enforce a contract whose purpose is to set up the terms of the sale of illegal stolen goods.
Offer and acceptance
A person must be willing to enter into a contractual offer, and the other party must accept the offer without altering the terms. If the acceptance of the proposal changes the terms, then the original offer is rejected and there is now a counteroffer.
Sufficiently defined terms
The terms of a contract must be clearly defined for the agreement to be binding. An ambiguous contract may have unexpected consequences that negatively affect business for years. If a person only agrees to some of the terms of the contract and wants the rest of the agreement clearly defined, the deal is not enforceable.
Both parties must express mutual approval of the terms of a contract for it to be enforceable. Determining mutual agreement is not based on the subjective intent of both parties but rather what they said and did during negotiations.
An enforceable contract must involve parties who are competent and authorized to enter into an agreement. Unconscious, mentally disabled, and dead people obviously cannot be competent to enter into a contract. There are grey areas though. For instance, generally, entering into a contract with a child makes that contract voidable by the child.
Consideration, in the context of contracts, are those things of value being bargained for and exchanged. For instance, If you pay a painter to paint your house, you are both exchanging consideration, the painter is giving you the value of his service and you are giving the painter money. You must have consideration for there to be a contract.
So, for instance, if the painter offers to paint your house for free and then decides not to, you can’t enforce a contract against him because since there was no consideration from you, a contract was never formed, to begin with.
A person who tries to create a contract on their own can be setting themselves up for failure if they do not know what they are doing. Hiring a competent and resourceful attorney to help with a contract formation can help prevent any unnecessary litigation and save both parties in a contract time and money.
Contracts are essential components of everyday business transactions. It doesn’t matter if it is a vendor contract used to attain goods, an employment contract of a new hire or a business merger, contracts are necessary when doing business. A contract dispute can happen when either party who are in a contractual agreement feel the agreement is unfair or has been breached in some way. A breach of contract can be defined as a broken contract stemming from a failure to fulfill any term of an agreement without a lawful excuse. Not all issues with a contract qualify as a breach. If a person wants to have a solid case for a breach of contract suit, they must meet the following set of criteria:
A failure to perform duties set in a contract is considered one of the most serious breaches and allows the other party to seek damages in court.
A fundamental breach happens when one of the parties fails to complete a contractual obligation that was so important to the agreement that another party could not complete their own responsibilities. This type of breach can lead to the cancelation of the contract and a lawsuit for damages.
An anticipatory breach allows one party to say a contract is broken because it is evident the other party will not execute their end of the contract within the allotted time.
A minor breach is considered a partial break of contract. This type of breach is less severe but still allows the harmed party to sue for damages. Although it does allow for a suit, both parties must still honor their duties in regard to the contract.
Regardless of the type of breach of contract, you are dealing with it is important to involve a lawyer to ensure your contract dispute has the best possible outcome. There are many factors that go into a contract dispute and it’s important for anyone getting into litigation understands all of their legal options.
Resources for Contract Formation and Disputes
Texas Business and Commerce Code (TBCC)-This link provides information on the general provisions of the TBCC in regard to contract formation and disputes. The government code covers what the capacity and scope of a Texas Contract can be, the difference between an agreement and a contract, and other factors in Texas law regarding a contract.
The The Gonzalez Law Group | Harris County Contract Formation and Disputes Lawyer
Contract formations and disputes can be frustrating and complex depending on the circumstances. The The Gonzalez Law Group can relieve you of this frustration and use their knowledge, expertise and resources to ensure the best possible outcome for any of your legal needs. Don’t waste any time, because you can be sure the other party in your contract dispute will be ready to fight with their best legal defense.
There is too much as stake to not involve a lawyer in your contract formations and disputes. If you live in Harris County including Cypress, Jersey Village, Katy, Galena Park, Atascocita, Bellaire and any other surrounding areas contact The Gonzalez Law Group at (832) 530-4070 to get knowledgeable legal advice from a law firm that cares.