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
Retainage Disputes: When Must It Be Released in Texas?
On private Texas jobs the contract sets when retainage is due, and the owner must hold 10 percent for 30 days after completion. Public jobs cap retainage at 5 or 10 percent.
Arbitration, Mediation & Settlement
Rule 11 Agreements: Making a Settlement Binding in Texas
In a pending Texas suit an agreement binds only if written, signed and filed, or stated in open court. Rule 11 is how a settlement becomes binding.
Demand Letters & Pre-Litigation
Rule 202: Taking a Deposition Before a Lawsuit in Texas
Rule 202 lets a Texas court order a deposition before suit, to preserve testimony or investigate a potential claim. The court must find the benefit outweighs the burden.
Contracts & Breach of Contract
Sale of Goods Disputes in Texas: How the UCC Changes a Contract Case
When a contract is mostly about goods, Business and Commerce Code chapter 2 supplies the rules: the $500 writing threshold, battle of the forms, rejection, cure and set remedies.
Shareholder, Partnership & LLC Disputes
Self-Dealing by a Partner or Manager: What Counts and What You Can Do
Self-dealing is a deal where the person deciding for the company also benefits personally. Texas protects it only if disclosed and approved by disinterested owners, or fair.
Securities & Investment Disputes
Selling Away: When a Broker Sells Investments the Firm Did Not Approve
A brokerage firm can be liable for private deals its broker sold on the side when it failed to supervise or had reason to know. FINRA Rule 3280 sets the broker's duties.
Employer Disputes & Non-Competes
Severance Agreements and Releases: Making Them Hold Up
A release holds up when it is knowing and voluntary, paid for with something extra, meets the federal age-waiver rules, and does not try to bar what the law says cannot be waived.
Shareholder, Partnership & LLC Disputes
Shareholder Disputes in a Closely Held Texas Corporation: Your Options
Texas gives closely held shareholders a specific toolkit: records rights, a shareholders' agreement that can override the board, derivative claims treated as direct, receivership.
Construction & Payment Disputes
Should a Construction Dispute Go to Arbitration or Court?
If the contract has an arbitration clause, that decides it. Where there is a choice, the number of parties, lien foreclosure, expert needs and the right to appeal tip the balance.