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Contract Law

A contract in Houston is essentially an agreement between two parties that is legally binding.  The more specific a contract is the more protected you and your business will be. An attorney can identify situations that you may not think about or know to include in the contract, such as whether you are indemnified from a lawsuit for acts of your company’s agent, whether the contract is assignable, whether you are required to perform your part of the contract if the other party breaches, or if the contract is still effective if an Act of God, such as a hurricane or tornado occurs.

Some of the most common forms of contracts can include:

A contract this is properly drafted can protect you or your business by preventing misunderstandings, limiting lawsuits, and defining the obligations you are required or not required to fulfill. Therefore, it is essential to contact an experienced civil litigation lawyer in Houston who can help you draft a contract for your particular needs or represent you for any disputes that may arise out of a contract you already have in place.

Houston Contract Law Attorney

If you need to draft a contract in Houston, or any of the surrounding areas in Texas, including Spring, Humble, Tomball, Aldine, Atascocita, Klein, Jersey Village, The Woodlands, Conroe or Oak Ridge North, contact the law offices of Wilhite & Associates, P.C. The attorneys at Wilhite & Associates are knowledgeable in all areas of Texas’ contact laws and will help you draft a contract to suit your particular needs or represent you in any litigation involving a contract you are a party to. Call Wilhite & Associates at (281) 537-2171 about your contract law questions.


Houston Contract Information Center


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Contract Law Basics in Houston

A contract is usually created when one party makes an offer that the other party accepts, there is a bargained-for exchange, or the parties make promises to each other in exchange for some benefit.

Offer – An offer is the most important building block to a contract. One party to a contract will generally make an offer to the other party, and they will then typically negotiate the agreement. If one party refuses the offer, a contract is not formed, and the party can make a counter-offer. A contract cannot be formed unless one party clearly makes an offer to another party. The terms of an offer must be specific and the other party must indicate they intended to be bound by the contract.

Acceptance – This is the other essential building block to a contract, and is necessary in order for a contract to exist. When one party makes an offer, the agreement is not binding until the other party clearly accepts the offer. The acceptance must be identical to the terms of the offer. Additionally, the acceptance must be made within the time period specified.

Consideration – Consideration is the value one party gives to the other in exchange for a promise. Consideration is required in all contracts and can also be known as the bargained-for exchange or a legal detriment. Consideration can be money for a service, a job position in exchange for signing a non-compete agreement, an item for money, or a place to live in exchange for money. The amount of consideration does not have to be equal, but it must be of some value to the parties, and cannot be nominal.


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Types of Contracts in Houston

Individuals can enter into oral or written contracts at any time. Although “shaking hands” is not a legal requirement to a contract, it can be evidence that an oral contract was entered into.

Written contracts – These types of contracts are the most common and generally lead to the least amount of litigation. A written contract is an expressed contract that is generally signed by both parties, includes specifics to the terms of the contract, and is made out of some benefit to one party in exchange for giving a benefit to the other party. Written contracts can be simple and straightforward or they can be very lengthy and complex.

Oral contracts – Oral contracts can lead to problems with the enforceability of the contract and can often result in contract disputes. An oral contract is an expressed contract that is simply a verbal promise by one party in exchange for a promise by another party, or an offer from one party that was accepted by the other party, but not made in writing.

Implied Contract – This type of contract is based on the conduct of the parties, is not written, and can occur if one party would receive unjust enrichment if the court determined the contract did not exist, or the contract was implied-in-law. An implied contract can also occur if the parties assumed a contract existed through their actions, or the contract was implied-in-fact.

Contracts can also be classified as bilateral contracts, unilateral contracts, unconscionable contracts, adhesion contracts, quasi-contracts, and void or voidable contracts.


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Houston Contract Law

Contract Drafting – When entering into a contract in Houston, it is important to follow certain steps. An individual or business will want to negotiate the contract before it is formally accepted. This means the parties to a contract will want to make sure they are comfortable with fulfilling their duties and obligations. You will also want to know what you are willing to and not willing to compromise, and consider how you can help the other party achieve their goals in addition to your own. When actually drafting the contract, your Houston civil attorney will be clear and concise about each detail of the contract to make sure there is minimal chance for a contract dispute down the road.

Contract Disputes – Often when party fails to fulfill their obligation to the contract or there is a disagreement to some condition in a contract a contract dispute can occur. Most contracts that are properly executed will have a provision specifically stating what will happen if a breach takes place. A breach of contract can occur when one party fails to perform their part of the contract or there are questions as to the enforceability of the contract, and as a result, the other party has been damage somehow. Breaches generally must be material and one party must have suffered some form of damage. A breach of warranty can also lead to contract dispute litigation for a failure to follow express or implied warranties in the contract.

Contract Enforceability – If one party refuses or fails to perform or disputes the contract, the parties may argue whether the contract is even enforceable, or if the parties must actually perform their obligations to the contract. If you are a party to a contract you suspect is not enforceable, you will want to hire an attorney to make sure you are protected. Some elements your attorney will consider when determining if a contract is enforceable are whether the Statute of Frauds applies to the contract, whether the contract was oral, whether the terms of the contract are vague or ambiguous, whether the contract was void or voidable, whether the contract was for an illegal purpose, and whether there was an agreement or offer and acceptance to the contract.


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Wilhite & Associates, P.C. | Houston Contract Lawyer

Contact Wilhite & Associates, P.C. today for a consultation about your contract law questions in Harris County in Texas. Attorney George W. Wilhite of Wilhite & Associates is an experienced Houston civil litigation attorney who will help you draft the contract suitable for your particular needs or represent you in any contract disputes you may have. Contact Wilhite & Associates, P.C. at (281) 537-2171 for a consultation about your contract needs throughout Harris County, and the surrounding areas of Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.

 

Wilhite & Associates, P.C. represents clients from all over Southeast Texas, including:

Harris County - Aldine, Atascocita, Barrett, Barker, Baytown, Bellaire, Brownwood, Bunker Hill Village, Channelview, Clear Lake, Cloverleaf, Crosby, Cypress, Deer Park, East Houston, El Lago, Galena Park, Hedwig Village, Highlands, Hilshire Village, Houston, Hudson, Humble, Hunters Creek Village, Jacinto City, Jersey Village, Katy, Kingwood, Klein, La Porte, Louetta, Lynchburg, Nassau Bay, North Houston, Pasadena, Piney Point Village, Seabrook, Sheldon, Shoreacres, South Houston, Southside Place, Spring, Spring Valley, Taylor Lake Village, Tomball, Webster, West University Place

Montgomery County - Conroe, Cut and Shoot, Magnolia, Montgomery, Oak Ridge North, Panorama Village, Patton Village, Roman Forest, Shenandoah, Splendora, Stagecoach, Willis, Woodbranch, Woodloch, The Woodlands

Fort Bend County - Arcola, Beasley, Fairchilds, Fulshear, Kendleton, Meadows Place, Missouri City, Needville, Orchard, Pleak, Richmond, Rosenberg, Simonton, Stafford, Sugar Land, Thompsons

Waller County - Brookshire, Hempstead, Pattison, Pine Island, Prairie View, Waller

Grimes County - Anderson, Bedias, Iola, Navasota, Todd Mission

Washington County - Brenham, Burton, Chappell Hill

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This site is sponsored by George W. Wilhite, P.C. Our principal office is located in Harris County, Texas at 17101 Kuykendahl Rd., Houston, TX 77068.

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