Contract
Disputes
When the other party doesn't hold up their end of the deal, you need an attorney who will fight for what you're owed.
⚖️ Key Takeaways
- 5 years to sue on written contracts; 3 years for oral (12 O.S. § 95)
- Certain contracts must be in writing under Oklahoma's Statute of Frauds (15 O.S. § 136)
- "Expectation damages" put you in the position you would have been in if the contract was performed
- You have a duty to mitigate—take reasonable steps to minimize your losses
- Attorney's fees are only recoverable if the contract provides for them
- Arbitration clauses are generally enforceable in Oklahoma
Types of Contract Disputes
Business Contract Disputes
- Vendor and supplier breaches
- Customer non-payment
- Partnership and operating agreement disputes
- Service agreement failures
- Non-compete violations
Employment Contract Disputes
- Unpaid compensation or bonuses
- Severance agreement disputes
- Non-compete and non-solicitation claims
- Confidentiality breaches
Real Estate Contract Disputes
- Purchase agreement breaches
- Lease disputes
- Construction contract issues
- Commission disputes
Elements of a Breach of Contract Claim
To succeed on a breach of contract claim in Oklahoma, you must prove:
- Valid contract – A legally enforceable agreement existed
- Your performance – You performed or were excused from performing
- Breach – The other party failed to perform
- Damages – You suffered harm as a result
Our Approach to Contract Disputes
Case Evaluation
We analyze the contract, the facts of the breach, your damages, and the other party's ability to pay. This assessment helps determine whether litigation makes business sense.
Pre-Litigation Resolution
Many disputes can be resolved through demand letters, negotiation, or mediation. These approaches are often faster and less expensive than litigation.
Litigation
When negotiation fails, we pursue your claim in court. We handle all aspects of litigation from filing through trial and appeal if necessary.
Defense
If you're accused of breach, we defend your interests. Common defenses include:
- The contract is unenforceable
- Performance was excused
- The other party breached first
- Damages were not caused by the alleged breach
Common Contract Dispute Mistakes
Avoid these errors that can hurt your case:
- Waiting too long: Statutes of limitations can bar your claim entirely
- Continuing to perform: Performing after a breach may waive your right to claim damages
- Failing to document: Keep records of all breaches and communications
- Not mitigating: You must take reasonable steps to minimize your losses
- Ignoring contract terms: The contract may require specific notice or dispute procedures
Frequently Asked Questions
Common questions about contract disputes
What damages can I recover for breach of contract? +
Oklahoma allows expectation damages (what you should have received), consequential damages (foreseeable losses), and incidental damages (mitigation costs). Punitive damages aren't typically available.
How long do I have to sue for breach of contract? +
5 years for written contracts, 3 years for oral contracts from the date of breach. Don't wait—consult an attorney promptly.
What if my contract requires arbitration? +
Arbitration clauses are generally enforceable. We can help you navigate arbitration or advise whether there are grounds to challenge the clause.
Is a verbal agreement enforceable? +
Many are, but certain contracts must be written (real estate, over one year, goods over $500). Proving oral contract terms can be challenging.
What is 'material breach' vs 'minor breach'? +
A material breach goes to the heart of the contract and may excuse your performance. A minor breach entitles you to damages but not contract termination.
Can I recover attorney's fees? +
Only if the contract provides for it. Oklahoma follows the 'American Rule'—each party pays their own fees unless otherwise agreed.
What is 'specific performance'? +
A court order requiring the breaching party to perform. Available when money damages are inadequate, often in real estate or unique goods cases.
Do I have to try to reduce my losses? +
Yes. Oklahoma requires you to 'mitigate damages'—take reasonable steps to minimize your losses. Failure to mitigate can reduce your recovery.
Don't Let a Breach Go Unchallenged
Schedule a consultation to discuss your contract dispute.