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(713) 465-TAFT (8238)
1515 Woodvine Drive, Houston, Texas 77055
BUSINESS & CONTRACTS
Fundamental to most business dealings is the “signed contract” or other conduct that shows an agreement has been reached.  Unfortunately, there are situations where 1) a deal has been struck, 2) one party has performed, tendered performance or been excused from the contractual obligations, but 3) the other side of the transaction has failed or refused to live up to their end of the agreement.  Where a party has failed to live up to their end of an agreeement and caused the performing or excused party damages, an action for breach of contract can be filed. 

Related or alternative causes of actions also frequent in business dealings include claims for: the value of services or materials provided (quantum meruit), unjust enrichment, breach of warranties, fraud, misrepresentation, and tortious interference with contracts or prospective business relations.
Whether by settlement or trial, the party suffering the breach of their contract or other business harm will be seeking one or more of the following types of damage:
Liquidated damages: where the claimant can recover damages according to the clauses in the contract which set amounts before the breach happens;
Benefit of the Bargain damages: where the claimant can recover the expected “benefit of their bargain” by being put in the position they would have been in if the breach had not happened;
Reliance damages: where the claimant can recover damages to return any resources the claimant spent in reliance on the agreement that had been made;
Restitution damages: where the claimant can recover damages to restore money or property taken by the breaching party, an attempt to restore the claimant to the position they would have been in before the contract was made;
Specific Performance: where the claimant can obtain the actual performance of the contract, as opposed to monetary damages;
Recission: where the claimant can return any consideration paid to the breaching party and return to a position as if no agreement had existed, thereby avoiding the contract;
Reformation: where the claimant can correct mutual mistakes that were made in preparing the written contract, so that the document accurately reflects the original intent and agreement of the contracting parties; and,
Attorney Fees: where the claimant can be awarded attorney fees expended in the pursuit of their contract lawsuit.
The attorneys at The Taft Law Firm have the trial skills and business savvy to successfully resolve and maximize recovery in your business disputes.
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