Houston Business Contract Lawyer

Contracts define your relationships with vendors, customers, employees, and business partners, and a single ambiguous clause can expose your company to costly litigation. Whether you are negotiating a new agreement or responding to a breach, the terms you rely on must be enforceable under state law.

A Houston business contract lawyer from our firm could draft clear provisions, identify hidden risks, and guide you through other stages of the contracting process. Our business attorneys at Monty & Ramirez LLP could also protect your interests if a dispute arises.

Agreements We Could Draft and Review

Our legal counsel in Houston could prepare and negotiate numerous types of commercial contracts for you. These include:

• Partnership agreements
• Company operating agreements
• Commercial leases and purchase agreements
• Vendor, supplier, and distribution agreements
• Nondisclosure and noncompetition agreements
• Employment, independent contractor, and staffing agreements

Many oral agreements are binding. However, the statute of frauds in Texas Business and Commerce Code § 26.01 requires the parties to write and sign certain agreements, such as those that cannot be performed within one year and those involving the sale of real estate. Tex. Bus. & Com. Code § 2.201 subjects contracts for the sale of goods with prices of $500 or more to a similar requirement. Additionally, electronic signatures generally carry the same legal effect as handwritten signatures.

Enforceability Requirements Under State Law

A binding contract in Texas generally requires certain enforceability requirements. These include:

• An offer
• An acceptance
• A meeting of the minds
• Each party’s consent to the terms
• Consideration

Beyond these basic elements, certain provisions receive heightened scrutiny from state courts. A covenant not to compete is enforceable only if it is ancillary to or part of an otherwise enforceable agreement and contains reasonable limitations on time, geographic area, and scope of activity under Tex. Bus. & Com. Code § 15.50.

Additional restrictions apply to physicians and certain other health care practitioners. Likewise, a contract may not shorten the time to file suit to less than two years under Texas Civil Practice and Remedies Code § 16.070. Our legal team could review and, if necessary, amend the clauses in your business contracts to help them withstand legal challenges in Houston courts.

Resolving Contract Disputes

When another party fails to perform, available remedies may include compensatory damages, specific performance, or rescission. You generally have four years to file a breach of contract claim under Tex. Civ. Prac. & Rem. Code Ann. Chapter 16 or, for sales of goods, Tex. Bus. & Com. Code § 2.725. A party that prevails on a contract claim may recover reasonable attorney’s fees from an organization or individual if they received the claim but did not pay it within 30 days. Many agreements also require arbitration under the Texas Arbitration Act.

The Texas Business Court, which has a local division, may hear qualifying disputes with more than $5 million in controversy under Texas Government Code Chapter 25A. Our attorneys in Houston could evaluate the most effective forum for any contractual dispute your company wishes to file.

How Could You Protect Your Business During Immigration Enforcement?

Immigrant business owners who face detention or deportation could benefit from estate planning that protects their assets and transfers them to family members who remain in this country.

A statutory durable power of attorney may authorize a trusted agent to conduct business transactions on your behalf. Our business contract lawyers in Houston could guide you through our Plan Prepárate program and help you prepare the appropriate documents before an emergency occurs.

Call Our Houston Attorneys About Your Commercial Contracts

Well-drafted agreements prevent misunderstandings. If a counterparty does not honor its obligations, a Houston business contract lawyer from our firm could act promptly to help preserve your remedies and protect your company and its future. Contact our team at Monty & Ramirez LLP today to schedule a consultation.