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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Arbitration, Mediation & Settlement
The Other Side Breached the Settlement Agreement. What Now?
A settlement agreement is a contract. When breached you enforce it as one: by motion in the open case, a new suit, or execution on an agreed judgment.
Contracts & Breach of Contract
The Other Side Says They Will Not Perform. What Can I Do Now?
A clear, unconditional refusal to perform before the due date is a repudiation. Texas lets you treat it as a breach now, stop performing, and sue or cover.
Arbitration, Mediation & Settlement
The Other Side Will Not Negotiate in Good Faith. Your Options
Texas imposes no duty to negotiate or settle. You can still change the other side's arithmetic: a Rule 167 offer that shifts costs, a mediation order, and a moving case.
Construction & Payment Disputes
The Owner Will Not Pay. A Contractor's Options in Texas
A Texas contractor who is not paid has four tools: Prompt Payment Act interest and suspension, a mechanic's lien, a contract claim with attorney's fees, and a demand letter.
Commercial Real Estate Disputes
The Seller Backed Out of Our Commercial Real Estate Deal. What Now?
A Texas buyer whose seller refuses to close can seek specific performance, damages or the earnest money, and file a lis pendens. First confirm the seller had no contractual exit.
Commercial Real Estate Disputes
The Seller Hid Property Defects. Claims in a Commercial Real Estate Deal
Texas's disclosure statute is residential only. A buyer's claims are fraud, fraud by nondisclosure and statutory fraud under § 27.01, and an as-is clause has limits.
Litigation Process, Fees & Risk
The Stages of a Commercial Lawsuit in Texas
Pleadings, early motions, disclosures and discovery, mediation, summary judgment, trial, judgment and appeal. The map of a Texas commercial case, with the rule behind each stage.
Commercial Real Estate Disputes
The Statute of Frauds: Why Real Estate Deals Must Be in Writing in Texas
Under Business and Commerce Code § 26.01 a contract to sell real estate, or a lease longer than one year, is unenforceable unless written and signed by the party to be charged.
Litigation Process, Fees & Risk
The Texas Business Court: Which Cases Qualify and What Is Different
The Texas Business Court hears large commercial cases: owner and governance disputes, and contract or transaction cases above five million dollars. What qualifies and what differs.