Business Contract Disputes
When you and your family are dealing with a business or contract dispute in the Permian Basin area of New Mexico or Texas, we recommend working with a law firm that routinely handles these matters and will treat you like family.
Other businesses’ broken promises and unjust acts can cost you time, money, and aggravation.
When you have suffered financial damages, you may be entitled to hold them accountable under the law. To do so, you need a law firm that has proven time and again they can reach favorable resolutions for their clients. Kemmy Law Firm is well-versed in breach of contract and other business disputes. We understand how costly this type of disagreement can be, which is why we aggressively pursue what you are entitled to and are passionate about protecting your interests and financial security.
When it comes to business and contract disputes, sometimes, a conversation is all it takes. Other times, it is necessary to assert your rights in court. We have five decades of combined experience going to trial and holding businesses accountable for their actions.
To request a consultation with a breach of contract attorney, call us today. (830) 264-6297
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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$20 MILLION Oil and gas case involving significant economic harm
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$13.5 MILLIONJury VerdictPatient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLIONJury VerdictMarine veteran suffers catastrophic harm after a dangerous fall
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$6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children
Texas & New Mexico Business and Contract Law – An Overview
Contract law begins with whether or not a valid and enforceable contract was formed. When you come to us with a contract dispute, we will first analyze the contract as to whether any part of it or the whole is invalid, voidable, or unenforceable.
A contract is a formal promise. But there are certain elements to a contract that make it legally enforceable, whereas a simple promise can be kept or broken without legal repercussions. In Texas, New Mexico, and throughout the U.S., a contract must include a mutual exchange. A promise is given in exchange for something else. This requirement is known as consideration.
At the most basic level, a contract must contain an offer, an acceptance of that offer, and consideration. There are other elements that must be present, as well. Each party to the agreement must be competent and have the capacity to enter into legal agreements. Also, what is promised in the contract must be lawful. If any party’s required conduct under the contract violated the law, then it is not a valid and enforceable contract.
We are often asked whether a contract must be in writing. The answer is that it depends. In general, oral contracts can be valid and enforced in a New Mexico or Texas court. However, certain types of contracts must be in writing per Texas’ or New Mexico’s Statutes of Frauds.
Both New Mexico and Texas have enacted a Statute of Frauds. This is intended to create reliable contracts and avoid disputes. When parties adhere to the Statute of Frauds, it can reduce the risk of misunderstandings within the contract provisions or any misrepresentations regarding the existence of a contract.
Another question we receive is whether someone can change their mind after entering into a contract. Typically, once you literally or metaphorically shake hands, or you sign on the dotted line, you are obliged to complete your terms of the contract. There are a few exceptions to this in both Texas and New Mexico, though. It is important to talk with a contract dispute lawyer immediately if you have regrets.
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"I can’t thank you all enough for what you have done for me and my family."
I had an amazing experience with the Kemmy law firm. I was facing some really tough circumstances with my case but Tom and his incredible staff were able to get me over double the money that I was initially looking at at the start of my case. I can’t thank you all enough for what you have done for me and my family.
- Rod C. -
"They made a significant recovery for me."
My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.
- Anna O. -
"He far exceeded any of my expectations on my case with a positive outcome."I was involved in a refinery accident and was referred to Kemmy Law Firm. Nicholas Kemmy walked me through the process and took care of all the necessary details. He far exceeded any of my expectations on my case with a positive outcome.- Robert R.
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"This law firm is professional, diligent and cares about their client."This law firm is professional, diligent and cares about their client. They were able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect. The staff kept us informed and responded in a timely fashion to all correspondence.- Cynthia G.
Texas and New Mexico Business Disputes
Though breach of contract claims are very common, they are not the only business disputes we address.
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Unfair Business Competitions and Practice:Unfair business practices encompass a wide range of unlawful behaviors, including false advertising, trademark or copyright infringement, misappropriation of trade secrets, breach of restrictive covenants, libel, slander, and much more. If you believe another party is violating the law or a contract to gain an unfair business advantage, you may be entitled to compensation.
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Breach of Fiduciary Duty:Professionals in certain positions of power and trust have a fiduciary duty toward their employer or client. A fiduciary duty means one party must act in the best interests of the other. If you have evidence that another person breached their duty to act in your business’s best interests, talk about filing a breach of fiduciary duty lawsuit. When a significant breach caused your business financial harm, then the law may entitle your business to damages for a breach of fiduciary duty. In Texas, the statute of limitations for breach of fiduciary duty is four years.
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Tortious Interference with a Contract:It is unlawful for a party to intentionally interfere or attempt to interfere with other parties’ existing contracts and cause one or more of the parties’ financial harm. The line between normal business competition and tortious interference can be a thin one. If you believe a third party is willfully harming your contractual relationships with other businesses or individuals, call us right away.
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DTPA (Consumer Fraud) Claims:You may have a claim under Texas’ or New Mexico’s Deceptive Trade Practices Act (DTPA) if you are a consumer who has been injured due to a false, misleading, or deceptive business practice or breach of warranty. Texas has its own law addressing unfair business practices while New Mexico adopted the Uniform Deceptive Trade Practices Act. If you were harmed by an unlawful business practice, you might be able to obtain compensation for your financial injuries, and in some cases, mental anguish.
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First-Party Insurance Disputes:When you, as an individual or business, pay for insurance, you expect your insurer to uphold the contract. However, all too often. Insurers use unfair and deceptive tactics to avoid paying out on an insurance policy or defending you against a claim. Both Texas and New Mexico laws allow policyholders to sue their insurers for bad faith conduct.
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Anti-Competition Disputes:Business practices that are intended to reduce competition unfairly are unlawful. These practices include price fixing, bid rigging, group boycotts, exclusionary contracts and trade association rules, and other deceptive acts. Texas regulates these acts through the Texas Fair Enterprise and Antitrust Act, and New Mexico regulates these acts through its Antitrust Act.
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Fraud & Misrepresentation:Businesses and individuals can be held liable for intentionally using deception to obtain an unlawful financial or personal advantage. In some cases, they also can be held liable for negligently or recklessly misrepresenting something to you and causing you harm. The misrepresentation the other party made must have been material, intentionally, recklessly, or negligently presented, and relied upon.
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Mineral Right Disputes:Because the Permian Basin is spread across large areas of Texas and New Mexico, oil and gas contracts are prevalent. Landowners also own the minerals beneath the surface of their property. However, the right to these minerals can be divided and given to another party. These mineral rights are complicated, including whether the minerals are community or separate property, when and how the other party can access the land, and the compensation owed to the owner(s). If you find yourself in a dispute regarding a mineral rights contract, you may be entitled to compensation.
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Breach of Contract
A breach of contract occurs when a party fails to perform a part of or the whole of a legally binding agreement without a valid legal excuse.
A breach can occur in all sorts of ways. A party might refuse to uphold the contract as a whole, such as if one business refuses to pay another. A party might also fail to perform one of several provisions within the agreement.
Some of the most common breach of contract claims we see include:
- Tortious interference with a contract
- Violation of a non-compete agreement
- Violation of a non-disclosure agreement
- Failure to uphold oil & gas contracts
- Delays in payment or delivery
- Failure to provide services
- Delivery of products not matching the description
When you allege that someone breached a contract, you will need to identify how the agreement was violated, and whether it was a minor or material breach. Determining whether the breach was minor or material dictates your duty under the law and the damages you might be entitled to pursue.
A breach of contract is material if it results in an outcome substantially different than what the agreement specified. As the non-breaching party, if you did not receive what you meant to receive under the contract, it is a material breach. You are no longer obligated to perform any other duties under the contract, and you have the right to seek a remedy in court.
If the outcome was slightly different than the intended outcome, and not substantially different, then the breach may be minor. A minor breach often occurs when a party fails to perform one provision of many within a contract, but the non-breaching party still receives the product, service, or payment they were meant to. For a minor breach of contract, you must still perform your duties under the agreement, but you can pursue a remedy.
Breach of Contract Damages
When you have evidence that another party violated a legally binding agreement, you can go to court and ask for a remedy. This remedy typically includes damages, which entails receiving compensation for your various injuries.
You may receive compensatory damages, which include general and special damages. General damages encompass the financial losses and expenses you incurred as a direct result of the breach. You also may be entitled to special damages, which are other costs you incurred indirectly due to the breach and a special set of circumstances.
The amount you may receive depends on a number of factors. A judge will attempt to place you in the same position you would have been in had the contract not been breached. You also may receive compensation for your costs in rectifying the breach. However, you must take reasonable steps to mitigate the injury the breach caused you.
The legal remedy may also include asking the court to require the other party to perform or refrain from performing a specific act. You may ask the court to require specific performance of the contract. This would require the breaching party to complete the intended outcome of the agreement. For example, hand over a specific and unique piece of property.
However, there are limits to what a court can order another party to do. A court will not order a party to provide a personal service, such as paint your home or install equipment at your business.
Learn more about contract statute of limitations. Contact Us Today.
How We Approach Contract and Business Disputes and Win
When a businessperson or consumer comes to us with a contract or business dispute, our first priority is learning all of the facts. We gather any and all communications between the parties, written contracts, and eyewitness statements. We use this to determine the relationship between the parties.
When we fully understand the relationship, we will determine any oral or written contract, statute, or common law principle that applies. It is essential to identify whether this is a dispute governed by the common law or whether this is a violation of a particular state or federal statute.
We also work closely with you to identify all of your damages, including direct and indirect economic consequences, emotional injuries, and other intangible injuries. When appropriate, we will retain experts to help us establish your claim and calculate the value of your damages.
This level of preparation is how we win cases. We never treat a breach of contract, fraud, or mineral rights case the same as the next, and we will find a solution that works for you, whether that is through mediation, arbitration, or aggressive litigation.
We limit our caseload to ensure we can give each case our full attention. We give ourselves plenty of time to carefully review any relevant contract or law, and develop a custom strategy to recover the maximum compensation available.
