Breach of Contract Lawyer in Houston, TX
Contracts are the foundation of business in Houston. Construction agreements, vendor and supplier deals, commercial leases, employment contracts, partnership agreements, and service contracts are entered into every day across Harris County and the surrounding metro. When one party fails to hold up their end, whether by refusing to pay, delivering defective work, walking away mid-project, or violating a non-compete, the consequences can be financially devastating for the party left holding the breach.
Attorney Jonathan Herrera represents Houston businesses, contractors, property owners, and individuals in breach of contract disputes across industries. As a former insurance claims adjuster, he approaches every contract dispute the same way: build the evidence, identify the legal exposure on both sides, and negotiate from a position of strength, going to trial when the other side refuses to make it right. Jonathan handles every case personally, with no delegation to associates, on a contingency basis for qualifying matters.
Whether you are the party whose contract was breached or the party accused of breaching one, this page explains what Texas law provides, what your options are, and how Jonathan can help.
Why Breach of Contract Disputes Are Common in Houston
Houston’s economy is large, diverse, and highly transactional. Energy, construction, healthcare, logistics, real estate, and professional services generate millions of contracts each year, along with frequent disputes.
The energy sector involves complex service and supply agreements where disputes often arise over pricing shifts, termination clauses, and payment obligations.
Construction across Midtown, the Heights, Cypress, and Pearland leads to constant disputes involving change orders, scope issues, and payment holdbacks.
Houston’s commercial real estate market regularly sees landlord-tenant disputes involving leases, buildouts, rent issues, and early termination.
Healthcare and professional services frequently involve non-compete and employment agreement disputes when key personnel leave.
Many small businesses still rely on informal agreements, and unclear terms often lead directly to litigation.
Harris County courts see a high volume of contract disputes and expect parties to attempt good-faith resolution before filing suit.
How Jonathan Herrera Handles Breach of Contract Cases
Jonathan Herrera’s background as a former insurance claims adjuster gives him a structured, evidence-based approach to contract disputes. He focuses on documentation, leverage, and building a clear record of what actually happened versus what was promised.
- Contract review and breach analysis: He carefully reviews every clause of the agreement, including amendments, change orders, emails, and course of dealing, to determine exactly what was promised, what was delivered, and where the breach occurred.
- Damages calculation: He builds a detailed, documented damages model using financial records, accounting data, expert input when needed, and industry benchmarks. This includes direct losses, consequential damages, and lost profits where Texas law allows recovery.
- Defense evaluation: Before filing or responding to a claim, he evaluates potential defenses such as waiver, estoppel, failure of consideration, impossibility, mutual mistake, and other arguments that could reduce or defeat liability.
- Pre-suit demand and negotiation: A strong, evidence-backed demand letter is often the turning point in a dispute. It lays out the breach, damages, and legal exposure clearly and is used to push early resolution before litigation.
- Injunctive relief when needed: In urgent situations involving ongoing harm-such as non-compete violations, trade secret issues, or continuing breaches he moves quickly to seek temporary restraining orders or injunctions to prevent further damage.
- Litigation through trial: If the case cannot be resolved, he prepares it for trial from day one. This includes filings, discovery, depositions, expert coordination, motion practice, and courtroom representation, handled personally throughout the process.
Local Courts and Agencies Involved in Houston Contract Disputes
Common Breach of Contract Scenarios Across Houston
Houston’s economic landscape produces a distinct set of contract disputes. Here are the situations Jonathan’s clients encounter most frequently.
- Energy sector service and supply agreement disputes. Oilfield service companies, equipment suppliers, and midstream operators along the Houston Ship Channel and in the Permian Basin corridor frequently face disputes over termination clauses, take-or-pay obligations, and unpaid invoices when project economics shift.
- Construction contract breaches in the Heights, Midtown, and expanding suburban corridors. General contractors who abandon projects, subcontractors who walk off mid-job, and owners who withhold payment create breach claims across construction relationships.
- Commercial lease disputes in the Houston CBD and suburban office parks. Landlords who fail to complete buildout obligations, tenants who vacate early or stop paying rent, and disputes over operating expenses and renewal terms are common in Harris County.
- Non-compete and non-solicitation disputes. Houston’s professional services, healthcare, and technology sectors frequently see disputes when employees leave and start competing businesses or take clients with them.
- Vendor and supplier payment disputes across Houston’s logistics hub. As one of the country’s largest distribution markets, Houston sees frequent disputes over payment terms, delivery failures, and damaged goods claims.
- Business partnership and shareholder agreement breaches. When co-owners stop fulfilling obligations, divert opportunities, or attempt to freeze out a partner, disputes often escalate into contract and fiduciary duty claims.
What Compensation May You Be Able to Recover?
Texas law provides several categories of recovery in a successful breach of contract claim. The available remedies depend on the type of contract, the nature of the breach, and the damages that can be proven.
Contract Damages
- Expectation damages. The benefit of the bargain you would have received if the contract had been performed as agreed, including direct losses and reasonably foreseeable consequential damages.
- Reliance damages. Reimbursement for costs you incurred in reliance on the contract before the breach occurred, used when expectation damages are difficult to calculate.
- Restitution. Recovery of any benefit you conferred on the breaching party that would unjustly enrich them if not returned.
- Lost profits. Available in Texas when they can be established with reasonable certainty, including the use of financial projections supported by historical data and expert testimony.
Additional Remedies
- Attorney’s fees. Texas law allows the prevailing party in a breach of written contract claim to recover attorney’s fees from the opposing party, which is a significant source of settlement leverage.
- Specific performance. In cases where money damages are inadequate, such as a dispute over a unique piece of real property or a one-of-a-kind business asset, a court can order the breaching party to actually perform their contractual obligation.
- Injunctive relief. Available on an expedited basis when an ongoing breach is causing irreparable harm that money alone cannot repair, such as a non-compete violation or misappropriation of a client list.
- DTPA treble damages. When a breach also involves deceptive trade practices, the Texas DTPA provides for up to three times the actual damages plus mandatory attorney’s fees.
The Breach of Contract Case Process
Jonathan Herrera follows a disciplined process designed to build maximum leverage early and resolve every case as efficiently as the facts allow.
- Case intake and contract review: Collect and review the contract, all amendments and change orders, relevant correspondence, payment records, and any prior dispute history. Identify the breach, the damages, and available defenses.
- Legal theory and strategy: Determine which claims to pursue, including breach of contract, DTPA, fraud, tortious interference, or fiduciary duty, and which forum-court or arbitration-best serves the client’s interests.
- Damages documentation: Work with the client and, where necessary, financial experts to build a clear, defensible damages model that can be presented to opposing counsel, a mediator, or a judge or jury.
- Pre-suit demand: Send a formal demand letter that identifies the breach with specificity, states the damages claimed, outlines legal exposure including attorney’s fees, and sets a reasonable deadline for response.
- Negotiation and mediation: Most commercial contract disputes resolve through negotiation once both sides have a clear picture of the other’s legal position. Jonathan participates directly in all settlement discussions and mediation sessions.
- Injunctive proceedings if necessary: For urgent matters involving ongoing harm, file for a temporary restraining order or preliminary injunction on an expedited basis before or concurrent with the main lawsuit.
- Litigation through trial or arbitration: If negotiation and mediation do not resolve the case, Jonathan takes it to trial or arbitration, handling all discovery, depositions, expert preparation, briefing, and courtroom work personally.
Frequently Asked Questions
In most cases, Texas gives you four years from the date of breach to file a lawsuit for either written or oral contracts. However, the exact deadline can depend on when the breach was discovered, the contract terms, and whether fraud or concealment is involved.
Yes. Oral agreements can be enforceable in Texas if you can prove the essential terms—what was agreed, who agreed to it, and what was exchanged. However, certain contracts must be in writing under the Statute of Frauds, such as real estate transactions or agreements that cannot be performed within one year.
A breach happens when one party fails to perform a material obligation under the agreement without a valid legal excuse. This can include nonpayment, incomplete performance, defective work, early termination, or violating restrictive clauses like non-competes.
A material breach goes to the core of the agreement and can excuse the other party from further performance while allowing them to seek full damages. A minor breach does not void the contract but still allows recovery for the specific harm caused.
You may still have a valid claim. Partial performance does not prevent a breach claim, but it can affect the type and amount of damages available. The key issue is whether the breach is material and how it impacts the overall agreement.
Contact Herrera PLLC
If another party has failed to honor a contract, or if you are facing a breach of contract claim, Jonathan Herrera can evaluate your situation and help you understand your legal options. He represents homeowners, property owners, businesses, and individuals throughout the Houston area, including Harris, Fort Bend, Galveston, Brazoria, and Montgomery counties.
Call 832-891-3210 or complete the contact form to discuss your case and schedule a consultation.
Herrera PLLC
2339 Commerce Street, #172
Houston, TX 77002