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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Contracts & Breach of Contract
Our Contract Says Disputes Go to Another State. Does That Clause Hold Up?
Usually, yes. Texas enforces forum-selection clauses unless the resisting party proves a strong reason not to, and honors choice-of-law clauses with few exceptions. Venue differs.
Shareholder, Partnership & LLC Disputes
Our LLC Has No Operating Agreement. What Happens in a Dispute?
The Texas Business Organizations Code fills the gap with default rules on votes, profits, management, exits and records. They are often not what the members assumed.
Employer Disputes & Non-Competes
Overbroad Non-Compete: Will a Texas Court Rewrite It or Throw It Out?
Texas courts rewrite, not discard. Section 15.51(c) requires the court to narrow an overbroad covenant and enforce it, but the employer loses damages for the period before the fix.
Construction & Payment Disputes
Pay-When-Paid and Pay-If-Paid Clauses in Texas Construction Contracts
Texas enforces contingent payment clauses with limits: not when nonpayment is the GC's fault, not after the subcontractor's 45-day notice, and never against lien rights.
Construction & Payment Disputes
Payment Bond Claims on Texas Public Projects
Public property cannot be liened in Texas. The payment bond replaces the lien: notice by the 15th of the third month, suit after 60 days and within a year of the notice.
Construction & Payment Disputes
Payment Disputes for Specialty Contractors: Electrical, HVAC, Plumbing
Trade contractors are paid last and blamed first. The notices that protect an electrical, HVAC or plumbing sub in Texas, and the answers to back-charges, extras and pay-if-paid.
Commercial Real Estate Disputes
Personal Guaranties on Commercial Leases: Are You on the Hook?
A signed written guaranty is enforceable in Texas, but courts read it strictly in the guarantor's favor. What you owe turns on its scope, caps, release terms and amendments.
Litigation Process, Fees & Risk
Preparing for Your First Meeting With a Litigator
Bring the contract, the key communications, a one-page timeline and the money picture. Stop deleting anything. The meeting is confidential whether or not you hire the lawyer.
Litigation Process, Fees & Risk
Questions to Ask Before Hiring Commercial Litigation Counsel
Ask who will do the work, what they have done in disputes like yours, how fees are set and estimated, how the case would unfold and what could go wrong.