Knowledge library
Insights for business owners facing a dispute
The questions people ask before they hire a commercial litigator, answered plainly under Texas law, with the sources cited. Search by what happened to you, not by legal term.
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Construction & Payment Disputes
Lien Waivers in Texas: The Statutory Forms and the Common Mistakes
Texas enforces a lien waiver only on one of four statutory forms, signed, and for a conditional waiver, actually paid. Advance waivers in contracts are void. What each form does.
Commercial Real Estate Disputes
Lis Pendens in Texas: What It Does and How to Remove One
A Texas lis pendens is a recorded notice that a lawsuit claims an interest in the property. It can be expunged under Property Code § 12.0071 if the claim is not probably valid.
Contracts & Breach of Contract
Material Breach vs. Minor Breach: Can I Stop Performing?
Only a material breach excuses your performance. If the other side's failure was minor, you must keep performing and sue for damages. Guessing wrong makes you the breaching party.
Securities & Investment Disputes
Misstatements in an Offering Memorandum: Investor Remedies
A material misstatement in a private placement memorandum gives the buyer rescission under the Texas Securities Act without proving intent, plus Rule 10b-5 if the seller knew.
Arbitration, Mediation & Settlement
Multiple Parties, Multiple Contracts: Who Decides Where the Dispute Goes
Start with who signed what. Non-signatories can be bound on a few recognized theories, a delegation clause can hand the question to the arbitrator, and two proceedings may follow.
Commercial Real Estate Disputes
Must a Commercial Landlord Mitigate Damages After a Tenant Leaves?
Yes. Property Code § 91.006 requires a Texas landlord to mitigate when a tenant abandons the premises in violation of the lease, and any lease clause waiving that duty is void.
Business Fraud & Fiduciary Duty
My Business Was Accused of Fraud. How to Defend the Claim
Fraud claims fail on specific elements: no statement of fact, no knowledge, no justifiable reliance, a reliance disclaimer, the economic loss rule or limitations.
Contracts & Breach of Contract
My Business Was Sued for Breach of Contract. What Happens Next?
Calendar the answer deadline first: in Texas state court, 10:00 a.m. on the Monday after 20 days from service. Then preserve documents, notify your insurer, call a litigator.
Commercial Real Estate Disputes
My Commercial Tenant Stopped Paying Rent. What Are My Options in Texas?
A Texas commercial landlord with a non-paying tenant has five tools: notice and demand, lockout, eviction, a damages suit and the guaranty. The lease and the goal decide which.