Arbitration in Divorce and Business Disputes. Arbitration, like collaborative or litigation, is a procedural mechanism for resolving divorces, business litigation, and disputes. It is in essence a process by which the parties agree upon an arbitrator or panel of arbitrators to hear and decide their divorce or dispute. It [...]
Construction Contract Pointers We're often asked to review construction contracts and change orders and revise them so they are more useful to both contractors and property owners. Many construction contractors use construction contract forms from the internet, or no construction contract at all. A construction contract is not supposed [...]
Statutory Damages for Fraudulent Contractors' Liens. As a contractor, you should be wary of the damages for filing a fraudulent lien found in Chapter 12.002 of the Texas Civil Practices and Remedies Code. This provision provides that if a lien is found to have been filed fraudulently (as that [...]
How Many Applications for Receivership Can a Creditor Make? Applications to appoint a receiver are one method collections lawyers have to secure payment of judgments and other relief. So, what happens if an application is successfully defended and the application is denied? The law in Texas does not appear [...]
The Importance of the Business Decision Mindset in Litigation Litigation, in its purest most big-picture form, is nothing more than a dispute. Parties have a disagreement they can't resolve themselves. So, one party seeks out someone, whether that is a court or an arbitrator or some other decision-making body, to decide it. [...]
Construction Lien Basics and Collection Tools The construction industry has been hit very hard by the economy. Construction has slowed as consumers and businesses find ways to save money and delay construction that is not absolutely essential. This environment has also created an aggressive market for collections in the [...]
Receivership - A Collections Tool Gaining Popularity In this economy, many businesses and entrepreneurs find themselves falling behind with creditors and bills. While they fully intend to pay these obligations, and frequently see money coming in the near future to satisfy these obligations and get caught up, aggressive creditors often [...]
Drama Driven Lawyer Advertising. I was at a seminar recently, and one of the presenters was a business lawyer that likened plaintiff lawyers to a hungry lion and businesses to raw steaks. If you turn on the television, you will see ad after ad of lawyers re-enacting car accidents, watch brightly [...]
Basic Information About Construction Contracts. A construction contract or agreement is actually made up of several instruments in addition to the contract. Construction agreements are governed by the contract, written change orders, and the plans/specifications for the project. It is important to know that these instruments are reviewed together in confirming all [...]
How Do I Choose A Lawyer? Choosing a lawyer can be difficult. Each lawyer has different and unique experience, perspective, and approach. There are multitudes of ways to handle cases, and each lawyer will have differing opinions and approaches to individual cases. Lawyers, like doctors, have different "bedside manners." [...]
Bailment: Liability for Property being Repaired or Stored If property is repaired or stored, a basic understanding of bailment law is essential. As always, bailment law is complex and involves analysis of facts and issues specific to your case. I strongly recommend you seek advice of a competent attorney [...]
Why is this lawsuit filed there? Many of my clients ask me how lawyers decide where to file a lawsuit. If often seems that lawsuits are filed in inconvenient places far away from where the actual dispute occurs. Or it seems like a lawsuit is filed in a place [...]
E-Discovery Issues Critical for Corporate Parties in Litigation More and more companies are discovering that litigation not only involves preserving copies of contracts, invoices, and records. It also involves extensive search, retrieval, preservation, and review of email, text messages, website data (new and archived), intermal memoranda, and independent forensic [...]
Arbitration vs Litigation in Construction Disputes Whether you are an owner, general contractor, subcontractor, or supplier, chances are at some point you have been a party to a contract with an arbitration clause. These clauses are anything but boiler-plate and standard, and should be carefully reviewed. Also, many in [...]