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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Shareholder, Partnership & LLC Disputes
Can One Partner Dissolve the Company? Winding Up a Texas LLC or Partnership
Usually not alone. An LLC winds up by majority vote of all members unless the agreement says otherwise. A general partner can withdraw, but the others can keep the business going.
Shareholder, Partnership & LLC Disputes
Can You Force a Partner Out of an LLC in Texas?
Not by default. Under § 101.107 an LLC member may not be expelled unless the company agreement provides for it. Without that clause: a buyout, removal from management, or a court.
Demand Letters & Pre-Litigation
Cease and Desist Letters: When a Business Should Send One
Send one when you can name the conduct, the right it violates and what you will do if it continues. Hold off when it would tip off the other side or invite a pre-emptive suit.
Construction & Payment Disputes
Change Order Disputes: Getting Paid for Extra Work
Texas enforces change order clauses, but an owner who directed and accepted extra work can waive them. Since 2023 a contractor may decline unsigned extra work above ten percent.
Business Fraud & Fiduciary Duty
Civil Conspiracy and Knowing Participation in Another's Fraud or Breach
Texas lets you reach the people who helped: conspirators are liable for the underlying tort, and those who knowingly aided a fiduciary breach are liable as joint tortfeasors.
Business Fraud & Fiduciary Duty
Claims Against Accountants and Advisors Who Missed or Hid Fraud
An accountant is liable for missed fraud only if the engagement required them to look for it and the work fell below the professional standard. Third parties face a narrower rule.
Construction & Payment Disputes
Claims Against Architects and Engineers: The Certificate of Merit Rule in Texas
A claim against an architect, engineer or surveyor must be filed with an affidavit from a same-discipline Texas professional detailing each error. Without it the case is dismissed.
Arbitration, Mediation & Settlement
Class Action Waivers in Business Contracts
Nearly always enforced when paired with an arbitration clause. The FAA requires courts to enforce agreements to arbitrate one on one, and class arbitration needs clear consent.
Commercial Real Estate Disputes
Clearing a Cloud on Title: Quiet Title Actions in Texas
A cloud on title is removed in Texas by a suit to quiet title or, when ownership itself is disputed, by trespass to try title under Property Code chapter 22. What each requires.