Contracts are used across the commercial spectrum. If one party breaches or terminates an enforceable contract, the non-breaching party may sue to recover damages, which depending on the jurisdiction could include the loss of profit or out of pocket costs, and/or consequential damages, and in some cases attorney’s fees.
Breach of contract actions may be brought in state or federal court, or in arbitration, depending on the parties’ contracts and the strategic decisions of the parties and their counsel.
A defendant to a breach of contract action may assert the defense of the statute of limitations. Depending on the jurisdiction and, depending on the circumstances, the contract itself, the defendant may assert that the statute of limitations time-bars the action. Other defenses and counter-claims may also be asserted. Each case is factually and legally unique.
Decisions made prior to, and at the initiation of litigation may have a significant effect on the ultimate outcome of the action. Attorneys who have knowledge of the law, business insight, and litigation savvy are essential. For more information, contact one of Tully Rinckey’s Texas litigation attorneys.