We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
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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$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
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 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.
Business Disputes’ Statutes of Limitations
The Texas or New Mexico statute of limitations that applies to your business dispute depends on the type of harm alleged and the law governing the situation. Not all business disputes have the same time limitations.
In some cases, the statute of limitations is four years. In others, the time restraint will be fewer or a greater. However, it is rarely helpful to wait years to address a business dispute. Once you believe you have been harmed by a business’s conduct, let an experienced business lawyer review the circumstances, advise you of your options, and calculate the amount of time you have to file a lawsuit.
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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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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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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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.
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.
Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297
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"You could not hire a better attorneys than the Kemmy's."
My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!
- Colleen B. -
"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
- Dora M. -
"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P. -
"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P.
