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Austin Business Litigation Blog

What are some methods for preventing contract disputes?

For business owners in Austin, knowing the proper methods for avoiding contracts disputes is an ongoing concern. A dispute can serve to derail a business’s chance at success, and even result in a costly lawsuit under the right circumstances. Fortunately, there are ways you can prevent contract disputes from occurring, provided you have the right information.

According to Inc., contract enforceability is a huge concern. To this end, getting all contracts notarized can help ensure that they remain enforceable in the eyes of the law. In the event that a contract is disputed at some point in the future, participants will not able to claim that they did not actually sign the contract. Also, when a contract is notarized, those being asked to sign are far more likely to read the document in its entirety.

Consumer protection in Texas

Under the Texas Deceptive Trade Practices–Consumer Protection Act, consumers may file claims for false or misleading acts that are unlawful under the DTPA. Deceptive acts prohibited under the statute also include statements and practices made in commercial or trade dealings. The statute lists several specific acts but provides that the list is not comprehensive.

The statute specifically targets false, misleading, or confusing statements and representations made in connection with the sale, pricing, quality, and advertisement of goods or services. However, prohibited acts also include making false or misleading statements in connection with the formation of contracts and rights or remedies connected thereto. It is unlawful to induce consumers to transact for goods or services on terms that they would not otherwise agree to but for a vendor failing to disclose material information.

Mechanic's liens and how to prevent them

Here are two words that can strike fear into the heart of any residential or commercial property owner: mechanic's lien.

A mechanic's lien is a legal claim that subcontractors and suppliers can file against a property when the general contractor doesn't pay the subcontractor or supplier. Subcontractors can be anyone who is involved in a construction project, including plumbers, carpenters, painters, electricians, landscapers, masons, roofers, and even architects and interior designers.

Is mediation right for you?

As a Texan couple who's working on finalizing a divorce, there are several options you can look into. Mediation could be one of them. At Wright & Greenhill P.C., we lay out all of the benefits of mediation so you can decide if it's the right choice for you.

The biggest benefit of mediation is that it allows you to skip the hassle of dealing with the courts. No one wants to go through the long wait period before getting a court date settled, and the thought of spending time in court itself may be unpalatable to you. If you'd like to skip all of that stress, you might want to check out mediation.

What happens when someone backs out of a real estate contract?

A signed contract to buy a home in Texas is a legal document. It means you and the other person have agreed to certain terms that are legally binding. If either of you decides you no longer want to honor the contract, it may be considered a breach.

According to Realtor.com, most contracts offer a way to back out without being consider in breach of contract. A contract often has stipulations or contingencies written into it that must be met. For example, if you are buying a home, you may have conditions such as the house must pass inspection or you must get your loan approved. If the house failed inspection or you do not get approved for a loan, then you can back out of the contract without any penalties or fears of legal action. Sellers may also have a way out of a contract by including a clause that allows them to back out of the sale.

Austin seeing a fair amount of hotel construction lately

Construction projects can take on a very high level of complexity. This can particularly be the case for projects involving the building or renovating of hotels. Hotel construction projects can be large in scale and involve an incredibly wide range of parties.

The complex nature of hotel construction projects can create some special difficulties and concerns when disputes come up in relation to such projects. How these concerns and difficulties are addressed when a dispute comes up can have big impacts on the project as a whole and the interests of each of the parties involved in the project. So, for any person or company involved in a hotel construction project, when a dispute arises involving them in relation to the project, having legal guidance on what they can do to protect their interests during the course of the dispute can be important.

Two tips for a successful mediation

Legal issues can arise in any area of life. A married couple may realize their marriage is no longer working and decide to move forward with a divorce. An employer may believe that an employee is failing to meet the obligations outlined in an employment contract. Whatever the legal issue, it is important for those who want to resolve the problem to know that these issues are more likely to move forward with a form of alternative dispute resolution as opposed to traditional litigation.

The days of heading to the courthouse for every legal issue that develops are gone. The legal world has evolved to encourage the parties to discuss their issues and develop a resolution. One popular means of achieving this goal is referred to as mediation.

What should public entities know about the Texas Tort Claims Act?

If you are a public employee, you may use government-owned vehicles in your daily work. However, if you were to get into an accident or damage someone’s property while using that vehicle, do you know who is held liable? While it is commonly thought that an individual cannot sue the government, this is not true in a situation like this because of the Texas Tort Claims Act.

The TTCA, as explained by the Texas Municipal League, enables citizens to make claims for injuries caused by government employees who were working at the time of the incident. This took away the sovereign immunity the government used to enjoy prior to 1969 when it was enacted.

Survey: Majority of construction defects occur with condos

Why does it seem like so many lawsuits arise from condominium construction projects? The answers might be found in a recent survey that examines construction deficiencies and how they affect condominium associations and owners of new condos.

The Community Association Institute, which represents homeowner associations nationwide, surveyed 525 homeowners associations. The survey says the majority of construction deficiencies (57 percent) occur in condominiums, versus only 17 percent for single-family homes. The survey cites causes of construction deficiencies and then delves into how those problems lead to disputes.

Common factors that may lead to probate litigation

Probate disputes or litigation is often a last recourse for families of a recently passed loved one. In fact, countless legal documents and wills are drafted precisely to avoid contested probate matters. The classic motivations behind extended litigation may be there: resentment, greed and revenge. However, more often than not, these factors don’t play a role in probate litigation. Rather, the disputes stem from circumstances which, while avoidable prior to the person’s death, are now thrust to the forefront.

While there may be a multitude of reasons for a probate disagreement, some factors tend to appear in cases more frequently than others.

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