Why Do Construction Disputes Keep Arising in the U.S.: The Importance of Change Order Management Beyond the Contract
Companies involved in construction projects in the United States often face a common challenge.
"The project owner requested additional work, so we went ahead and completed it. Now they're refusing to pay for the extra work. What should we do?"
How Much Can You Sue for Breach of Contract?
You can sue for the recoverable financial losses caused by the breach, including direct and reasonably foreseeable consequential damages, or enforceable liquidated damages specified in the contract, as well as attorney's fees in qualifying cases. Texas does not impose a single universal dollar limit on ordinary...
What Is Not Protected by Copyright Law?
Copyright law does not protect ideas, facts, names, titles, short phrases, methods, or works that have not been fixed in a tangible medium. Under 17 U.S.C. § 102(b), copyright protection applies to original expression rather than the underlying ideas, procedures, systems, or concepts.
Copyright law covers a broad range...
What Is an Arbitration Agreement and Should You Sign One?
An arbitration clause can look like a minor provision when a business contract is being negotiated. Its importance often becomes clear only after a serious dispute develops. By signing the agreement, the parties may have already decided that their disagreement will be resolved privately by an arbitrator rather than by a judge...
Apple vs. Samsung Design Patent Lawsuit: Key Lessons
The Apple vs. Samsung design patent lawsuit established an important precedent for calculating damages when a patented design covers only part of a product. In 2016, the U.S. Supreme Court ruled that the relevant article of manufacture under 35 U.S.C. § 289 could be a product component rather than the entire finished...
Business Conversion in Texas
A business conversion in Texas allows an eligible company to change its legal entity type while generally continuing its existence, rather than dissolving and forming an entirely new business. Under Texas Business Organizations Code § 10.101, a domestic entity may convert into another permitted organizational form by adopting and approving a plan...
Grounds for Commercial Lease Terminations
Commercial leases in Texas can be terminated early for reasons such as nonpayment of rent, material lease violations, property damage, or mutual agreement, provided the lease or applicable law allows termination. The grounds for termination and the required procedures depend largely on the lease agreement, including any notice and cure provisions.
When Do You Need to Hire a Commercial Property Attorney?
Commercial real estate decisions can create obligations that last for years. Purchasing a building, negotiating a long-term lease, developing property, or resolving a dispute can involve substantial capital and contracts that directly affect how a business operates.
A commercial property attorney can help businesses evaluate those risks before documents...
Constructive Fraud Explained: What Businesses Need to Know
Fraud usually brings intentional deception to mind: someone lies about an important fact, hides the truth, or deliberately manipulates a transaction for financial gain. Constructive fraud under Texas law operates differently. A party may face liability for conduct considered fraudulent because it violates a legal or equitable duty, even without the same...
What Is a Material Breach of Contract Under Texas Law?
Not every failure to comply with a business contract gives the other party the right to walk away from the agreement. Under Texas law, the seriousness of the breach matters. A minor failure may support a claim for damages while leaving the contract otherwise enforceable, but a material breach can excuse the...