Winning Your Breach of Contract Lawsuit or Arbitration
If you’re facing a breach of contract dispute, knowing how to build a strong case is essential for success. Below, attorneys Richard and Mary LaGarde—who have represented individuals, small businesses, and Fortune 500 companies in Texas, Florida, and Louisiana contract litigation—answer the most frequently asked questions about contract lawsuits.
What Evidence Do You Need to Win Your Case?
Winning a breach of contract lawsuit requires compelling legal evidence, including:
✔️ Written or oral contract details—A signed agreement or proof of a verbal contract
✔️ Correspondence—Emails, text messages, or letters proving the contract terms
✔️ Performance records—Invoices, payment receipts, or project milestones
✔️ Witness testimony—Statements from parties involved in the agreement
How Do You Choose the Right Business Litigation Attorney?
To maximize your chances of success, choose an experienced contract litigation lawyer with a proven track record in business disputes. A strong attorney will:
✅ Have extensive trial experience and knowledge of contract law
✅ Be prepared to negotiate settlements or fight in court
✅ Offer transparent communication and strategic legal guidance
How Much Will a Breach of Contract Lawsuit Cost?
Costs vary based on case complexity. Some attorneys work on a contingent fee basis, meaning you only pay if you win. Others charge hourly fees or flat rates.
Can I Make the Other Party Pay My Attorney’s Fees?
In some cases, contract terms or state law may allow you to recover attorney’s fees from the opposing party. An experienced attorney can assess your options.
🔹 Want to learn more? Contact Richard & Mary LaGarde today for expert legal guidance on contract disputes and business litigation.
Q: What evidence do you need to win your breach of contract lawsuit in Texas, Florida, or Louisiana?
A: These are the elements you generally must prove to win a breach of contract lawsuit in Texas, Florida, or Louisiana:
- You had a valid and enforceable contract;
- You are the proper party to sue for the breach of the contract;
- You performed, tendered performance, or were excused from performing your obligations under the contract;
- The defendant failed to perform his contractual obligations; and,
- The defendant’s breach of contract caused you an injury (damages).
Q: When is a contract “valid and enforceable”?
A: To prove that you have an enforceable contract, you generally need to prove that there was:
- an offer;
- an acceptance;
- mutual assent;
- execution and delivery of the contract with the intent that it be mutual and binding, and;
- consideration supporting the contract.
Who is a “proper party” to sue for a breach of contract?
In general, you are a proper party to sue for a breach of contract in Texas, Florida, or Louisiana if you are:
- a party to the contract;
- an assignee of a party to the contract;
- an agent authorized to sue on behalf of a party to the contract; or,
- an intended third-party beneficiary of the contract.
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Are Oral Contracts Legally Enforceable?
A verbal contract or handshake agreement can often be legally binding under Texas, Louisiana, and Florida contract law. However, there are critical exceptions where the law requires a written contract for enforcement.
When Does a Contract Need to Be in Writing?
Certain agreements are considered so significant that state laws mandate them to be documented in writing. Both Texas and Florida have a Statute of Frauds, requiring some contracts to be written and signed by the party being held liable. These include:
✔️ Real estate sales contracts
✔️ Leases exceeding one year
✔️ Agreements to pay another person’s debt
✔️ Other high-value contractual agreements
Without a signed written contract, these types of agreements are generally unenforceable—though courts have recognized rare exceptions. Louisiana contract law includes similar written requirements under its Civil Code.
If you’re dealing with an oral contract dispute, consulting an experienced business litigation attorney can help determine whether your agreement is enforceable under state law.
How to Choose the Right Attorney for Your Breach of Contract Lawsuit.
Selecting the best contract litigation attorney for your breach of contract lawsuit is critical to achieving a successful outcome. While most contract disputes settle before trial, hiring a trial-experienced attorney can significantly impact your case.
Why Trial Experience Matters in Contract Disputes
Many attorneys lack trial experience, and some avoid courtrooms altogether. Without confidence in litigation, a lawyer may pressure clients into unfavorable settlements. A seasoned trial attorney will evaluate whether settling or going to trial is in your best interest.
Additionally, the opposing side is more likely to take your case seriously if your lawyer has a proven record of winning business litigation trials. When attorneys prepare thoroughly for trial, settlements often occur—sometimes with more favorable terms.
3 Key Factors for Choosing a Business Litigation Attorney
Beyond trial experience, consider these crucial traits when selecting legal representation:
1️⃣ Qualifications – Ensure your attorney has a strong track record handling business contract disputes and understands complex commercial litigation.
2️⃣ Compassion – The right lawyer should be committed to protecting your interests and fighting for the compensation you deserve.
3️⃣ Communication – Effective communication is essential in business litigation. Choose a lawyer who keeps you informed and explains legal strategies clearly.
🔹 Learn More: Watch our short video, “How to Choose the Right Attorney for Your Case,” for further insights.
Q: How much does your firm charge to handle breach of contract lawsuits?
A: Lawsuits can be very expensive. Many law firms only handle breach of contract suits on an hourly fee basis. That means you pay your lawyer an hourly up-front fee along with the expenses of the litigation. Most individuals and small business owners can’t afford that. That’s why LaGarde Law Firm handles contract claims under three different plans depending on the facts of each case and the needs of our client.
Hourly Fee
First, our firm may offer to work for you on an hourly fee basis like most other firms. That means you pay us by the hour and you pay the expenses of the litigation.
Contingent Fee
Second, we may offer to represent you on a contingent fee basis. That means you only pay us a fee if we get a recovery for you. We front the litigation expenses which you then reimburse out of your recovery. If we don’t get you a recovery, you don’t owe us fees or reimbursement of our expenses. Most clients find that this fee structure is best for them for several reasons. The contingent fee system helps give you peace of mind that your attorneys are motivated to win your case as soon as possible and to obtain the highest amount of compensation possible. Our attorneys spend time and money working on your case, and we are only compensated if we are successful. This means that if we agree to take your case, we intend to win. Rule 1.04 of the Texas Disciplinary Rules of Professional Conduct makes it clear that contingent fee agreements are considered ethical and appropriate for contract disputes and business litigation matters. For further details and a short video on how contingent fee agreements work, see our Contingent Fee Business Litigation page.
Hybrid Fee
The third plan is what we call a hybrid fee. A hybrid fee is usually a reduced hourly fee combined with a reduced contingent fee. Each case is unique and each client has different budgets for litigation. We try to work with our clients to find a fee plan that works best for them and for us.
Q: What Damages Can I Recover in a Breach of Contract Case?
A: Your recovery in a breach of contract lawsuit is dependent on the terms of your contract and the state law used to decide your dispute.
Liquidated Damages
Some contracts have a “liquidated damages” clause in which the parties agree in advance how much will be paid if the contract is breached.
Compensatory Damages
In the absence of a liquidated damages clause, the law permits you to recover what are called “compensatory damages”. That means that generally you can recover “actual damages”.
The law in Texas, Louisiana, and Florida generally divides actual damages into two categories: “direct” and “consequential” damages.
Direct Damages
Direct damages are those that result naturally and necessarily from the breaching party’s wrongful conduct. The defendant will have necessarily foreseen these damages in case of a breach. Direct damages are sometimes referred to as the “benefit of the bargain” damages. For example, lost profits you would have made on the breached contract would be considered “direct damages”.
Consequential Damages
Consequential damages are those that result naturally but not necessarily from the defendant’s wrongful conduct. For example, consequential damages might include profits you lost on contracts other than the one on which you base your lawsuit. Be aware that some contracts contain an agreement to waive consequential damages. That’s why it is so important to hire a lawyer who understands the difference between direct damages and consequential damages.
Q: Can I recover my attorney’s fees if the other party breaches our contract?
A: The answer to that question is dependent on the facts of each case and the state law used to decide the dispute.
Texas
In Texas, attorney’s fees can generally be recovered in a breach of contract lawsuit even if the contract does not address the issue. Under Texas Civil Practice and Remedies Code Section 38.001, attorney’s fees are recoverable from the losing party if the claim is for breach of “an oral or written contract”. As originally written, Section 38.001 only allowed recovery of attorney’s fees from individuals and corporations, not partnerships or LLCs. However, that exception was wiped out by House Bill 1578 in 2021. For suits filed after September 1, 2021, attorneys fees can be recovered under Section 38.001 from not only individuals and corporations but also partnerships and LLCs.
Florida
Florida law is similar to the law in Louisiana. You can only recover your attorney’s fees in a breach of contract case if there is a statutory or contractual agreement for doing so. Trytek v. Gale Industries, Inc., 3 So. 3rd 1194 (Fla. 2009). In other words, if you include a “loser pays” clause in your contract you can force the other side to pay your fees if you are successful. We may also find a statute that entitles you to fees in select cases.
Louisiana
Under Louisiana law, you can recover your attorney’s fees from the other party in only two specific circumstances: (1) where there is a contract between the parties that expressly requires the payment of the attorney’s fees, or (2) where a specific Louisiana statute requires the payment of the opposing party’s attorney’s fees. There are several statutes that provide for attorneys fees in Louisiana including suits on an open account.
Q: Can I call you to discuss my claim without getting a bill for your time?
A: You can call us today to discuss your legal claim without worrying that you are going to get a bill. Consultations are free of charge, and there are no upfront costs. Call us today at 1-866- LAGARDE (1-866-524-2733).
Richard and Mary LaGarde have a combined 56 years of experience in helping clients with breach of contract lawsuits, arbitrations, and mediations in Texas, Florida, and Louisiana. Their many years of experience will provide invaluable help to you in your contract dispute. Just as importantly, the LaGarde Law Firm will keep you informed every step of the way. LaGarde Law Firm has offices* in Houston, Texas and Naples, Florida. Call today if you want to schedule an appointment at either of our two locations.
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