Breach of Contract Lawyer In Texas

Under Texas law, the statute of limitations for a breach of contract claim does not begin to run until a cause of action accrues. A cause of action for breach of contract does not accrue until all conditions precedent to the parties' right to file suit have been satisfied. Generally, for continuing contracts, like most public construction contracts, facts authorizing an aggrieved party to seek a court resolution of its claim accrues when either

• the work is completed, or
• the contract is terminated in accordance with its terms, or
• the contract is anticipatorily repudiated by one party and that repudiation is adopted by the other party.

An aggrieved party who fails to file a breach of contract claim in Texas within four years of the occurrence of the earliest event listed, may possibly be blocked from filing suit in the courts of Texas because the four-year statute of limitations could bar the claim.

However, the dispute resolution framework in the contract could extend, shorten and otherwise modify the four-year statute of limitations period. The parties can write into their contract conditions that must occur prior to any right to sue under the contract accrues.