Breach of written contract in Texas
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Valid contract
Offer, acceptance, consideration, and sufficiently definite terms. In writing, as required.
2
Performance or excuse
The plaintiff performed, tendered performance, or was excused.
3
Breach
The defendant failed to do what the contract required.
4
Damages
The breach caused a measurable loss. Expectation damages are the usual measure.
Burden of proof
Preponderance of the evidence.
A Texas fact pattern
A written master service agreement on a Permian pad is breached when a vendor walks off mid-frac. Consequential-damages waivers and indemnity are the Texas-sized print.
Statute of limitations
4 years
Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)
From breach. Texas courts often treat a contract claim as an action on a debt under this subsection.
- Sale of goods can sit on Tex. Bus. & Com. Code § 2.725, also four years, usually from tender of delivery.
- If no more specific section fits, the residual personal-action clock is four years under § 16.051.