Contracts typically make transactions straightforward and predictable. However, some individuals complicate matters by breaking their promises. A party that breaches a contract could be liable for financial damages or other remedies.
Below, we outline five breach of contract examples and what relief might be available for the wronged party. At Massingill, our highly experienced contract attorneys can guide and protect anyone through a breach of contract dispute. We simplify contract matters for our clients while providing the highest advocacy and guidance.
Key Takeaways: Breach of Contract Examples in Texas
If you’re wondering whether you have a contract dispute, these quick points help you spot the issue and avoid common missteps.
Most breach of contract examples in Texas come down to failure to perform: nonpayment, late delivery, incomplete work, or violating a key promise.
Material breach vs. minor breach matters. A major breakdown can change what you should demand and how you negotiate next steps.
Documentation drives outcomes. Contracts, emails, invoices, timelines, photos, and change orders often decide the strength of the claim.
A clear breach notice can reduce confusion and speed resolution, especially when you set a deadline and state what cure or payment you want.
If someone broke a promise, you shouldn’t have to absorb the loss
Contract disputes usually don’t start as “legal problems.” They start as missed deadlines, unfinished work, or payments that never show up. When the other side won’t fix it, you’re left carrying the stress and the cost. The right next step is clarity: what the contract required, what actually happened, and what resolution is realistic.
Examples of Breach of Contract
Whether someone has breached an agreement’s terms depends on the case’s unique details. The following are ways that someone might encounter a breach of contract.
Actual Breach
A breach of contract occurs whenever a party to a contract fails to comply with the bargained-for terms of their agreement. By slightly changing the following facts, a contracting party’s “less-than-ideal” behavior can transform from an annoyance into a breach that makes them legally liable.
Example #1
A restaurant signs a written agreement for the fabrication and delivery of custom napkin rings from a supplier by a specific date. After signing the agreement, the restaurant owner asks the supplier to make the delivery in the back alley, and the supplier says, OK—the terms of this exchange are not in the signed agreement. The supplier delivers the napkin rings early, but they make the delivery out front because a truck is blocking the alleyway.
The failure to deliver in the back is likely not a breach because the parties reduced their agreement to writing, and the discussion about the delivery location was not in writing. However, if there was a written term in the agreement stating the supplier had to make their delivery in the back alley, the restaurant might have a breach of contract claim. If the supplier can prove that the front door delivery caused them a loss (e.g., the delivery blocked customers from entering to purchase meals), they could receive financial damages.
Minor Breach of Contract
Parties can fix minor contract breaches with a small discount, a small fee, or a simple “I’m sorry.” They could sue each other over a minor breach, but the relief might not be worth the cost of a court case.
Example #2
A parent hires a photographer to take winter family portraits. The photographer agrees to a half-day outdoor shoot in exchange for $1,000. The contract states that the photographer’s shoot will start at 1:00 AM, end at 5:00 PM and that the photographer will not shoot after sundown. The photographer arrives at the photoshoot 30 minutes late. While the photographer takes many beautiful shots of the family, they must stop taking pictures at 5:00 PM because the sun has gone down.
The photographer committed a breach because the parent did not get the full four-hour day they bargained for. However, a court might see this breach as only minor because the parent still got close to four hours of photography and plenty of portrait-worthy pictures. The photographer could agree to a $125-dollar discount for their services to resolve this issue.
Non-Material Breach
In general, a non-material breach is similar to a minor breach but with more significant damages. A common way a non-material breach can arise is in a construction case.
Example #3
A homeowner hires a contractor to complete a home renovation by a deadline. The three-phase renovation will make the home unlivable until the third phase. During the contract negotiations, the homeowner tells the contractor they will have to pay $500 per week for a place to live during the construction.
The contractor completed phase two of the renovation six weeks late, leaving the homeowner to pay $3,000 more than expected on living expenses. The contractor then finished phase three of the renovation, and some of the light fixtures they installed immediately ceased to work. The homeowner can likely sue to recover the extra $3,000 they paid on living expenses and the cost of repairing the light fixtures.
Most contract disputes get harder when communication gets sloppy
It’s tempting to send a heated message or make a quick threat when you feel cornered. But contract disputes are often won with calm documentation and a clear breach notice that states exactly what you want. A simple plan can protect your leverage and keep the door open for a faster resolution.
Material Breach
A material breach might occur if a contracting party does not get what they bargained for. A court may identify a material by looking at the following factors:
- The extent to which the non-breaching party would be deprived of the contract benefit they reasonably expected,
- The extent to which the non-breaching party can be adequately compensated for the benefit they would lose,
- The extent to which the breaching party would suffer if the contract is forfeited,
- The likelihood that the breaching party will fix their breach, and
- The extent to which the breaching party acted in line with the standards of good faith and fair dealing.
In a material breach case, the hurt party can receive damages for their losses and a court order stating they do not have to perform their contract obligations.
Example #4
Melissa hires a florist to provide custom flower arrangements for her wedding ceremony at the church. After the ceremony, the guests will visit the nearby botanical gardens for an outdoor reception. The cost of the flowers is $5,000, including a $500 deposit Melissa paid when she hired the florist.
The florist doesn’t arrive until more than halfway through Melissa’s ceremony and cannot set up flowers in the sanctuary. The florist offered to set up the flowers at the reception, but Melissa declined because there were already flowers at the reception site.
Melissa refuses to pay any money for the florist’s custom arrangements and requests a refund of her deposit. The florist likely committed a material breach since Melissa bargained for custom flowers at the church and did not receive them. A court might hold that Melissa does not have to pay the remaining $4,500 and that the florist must refund her deposit.
Anticipatory Breach
A party commits an anticipatory breach of contract if it unconditionally refuses to perform its side of the contract. The party harmed by an anticipatory breach can receive a court order stating that it doesn’t have to fulfill its side of the contract.
Example #5
A shoe company contracts with a manufacturer for an overseas shipment of shoelaces. The parties set a specific price and timeline for the shipment. However, an unexpected spike in fuel prices increases the manufacturer’s shipping costs. The manufacturer contacts the company and demands an additional 15% for the shipment. The company refuses to pay more than the contract price, and the manufacturer refuses to ship the goods.
The company finds a local supplier to provide shoelaces. After the timeline passes, the original manufacturer completes the shipment and unsuccessfully tries to sell the shoelaces to the company for the original price. The manufacturer files a lawsuit against the company. The court might hold that the company does not have to pay the original manufacturer because the manufacturer committed an anticipatory breach.
An individual seeking strong counsel in any type of breach of contract case can speak to one of our skilled and knowledgeable attorneys.
100% Free Consultation
You made an agreement expecting the other side to do what they promised. Now you’re dealing with delays, excuses, or nonpayment—and it’s costing you time, money, and momentum. That’s why breach of contract examples matter: they help you identify what went wrong and what options you realistically have.
Massingill helps Texas business owners and professionals simplify contract disputes. We start by reviewing the agreement, the timeline, and the communications so you know whether you’re facing a minor issue or a material breach. Then we help you choose a clear plan: demand performance, request payment, negotiate a settlement, or prepare for enforcement.
The goal is a practical resolution that protects your leverage and reduces ongoing risk. If a demand letter or breach notice is the right next step, we can help you communicate clearly and confidently.
If you have the contract, invoices, and key messages handy, a short review can quickly clarify your next best move.
Massingill Can Help Right Away
Massingill is a premier contract law firm in Texas, and we are ready to help you with your contract needs. Our attorneys have decades of combined experience and receive the highest reviews from our clients. Please give us a call or contact us online to schedule an appointment.
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Texas Breach of Contract Examples FAQs
If you’re trying to figure out whether what happened is a breach of contract in Texas, these examples explain common situations, what usually matters, and what to do next when performance breaks down.
What are common breach of contract examples in Texas?
Common Texas breach of contract examples include failure to perform the agreed work, delivering late or incomplete services, refusing to pay on time, providing nonconforming goods, and violating key terms like exclusivity or scope. The most important issue is whether a required promise was not kept under the agreement.
Is late payment a breach of contract in Texas?
Late payment can be a breach of contract, especially when the agreement requires payment by a specific date or sets consequences for nonpayment. In many contract disputes, the timeline, invoices, and the contract’s payment terms determine how strong the claim is.
What is a material breach vs. a minor breach?
A material breach is a major failure to perform that defeats the purpose of the agreement. A minor breach is a smaller violation that may still allow the contract to continue. In Texas contract disputes, the difference often affects leverage, negotiation strategy, and the remedies available.
What is an anticipatory breach (repudiation) example?
An anticipatory breach example is when someone clearly communicates they will not perform before performance is due, such as canceling the job without justification or refusing to deliver promised goods. Clear messages, emails, and timing often become key evidence.
Is poor-quality work a breach of contract in Texas?
It can be. A breach may occur when work fails to meet the specifications, scope, or quality standards in the agreement. Documenting what was promised, what was delivered, and what corrections were requested is usually critical.
Can refusing to fix mistakes after notice be a breach?
Yes. Many contracts require notice and an opportunity to cure. If one side receives a clear breach notice and refuses to correct a failure to perform, that often strengthens the contract dispute and clarifies next steps.
What should a breach notice or demand letter include?
A strong breach notice typically identifies the contract term at issue, describes the failure to perform, attaches key documents, sets a clear deadline to cure, and states what you want (payment, completion, replacement, or another resolution). Clear communication reduces confusion and supports negotiation.
What damages or remedies are common in Texas breach of contract disputes?
Many disputes focus on practical remedies: payment owed, cost to complete or repair, replacement performance, or other measurable losses caused by the breach. The contract terms and the paper trail usually drive what is realistically recoverable.
What evidence helps prove breach of contract examples in Texas?
Helpful evidence often includes the signed agreement, written change orders, invoices, delivery confirmations, photos, project timelines, and email or text communications. Clear documentation can turn a he-said-she-said dispute into a straightforward failure-to-perform issue.
When should I talk to a lawyer about a Texas contract dispute?
If the breach is affecting cash flow, delaying a project, risking a major relationship, or escalating quickly, an early review can prevent mistakes. A short strategy conversation can help you decide whether to demand performance, negotiate settlement terms, or prepare for enforcement.
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.
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