TX LEGAL EDGE

Category Archives: Contract Law

63

INSURANCE POLICIES – TIMING CAN BE EVERYTHING IN COVERAGE DISPUTES

Carol Keough July 16, 2013

Every business operates by using contracts or agreements to sell or purchase goods and services.  When the business wants to know the terms of the deal with a vendor or professional, the business looks to the agreement between the two parties.  Insurance policies are contracts.  The policy describes the deal between the insurer and the… Continue Reading »

61

Supreme Court Ruling on Class Action Arbitration

Carol Keough June 25, 2013

In a world where litigation can extend out over many years and costs may exceed hundreds of thousands of dollars, arbitration has often been an attractive alternative to a lawsuit.  The Supreme Court on May 10, 2013, in Oxford Health Plans v. Sutter (US Supreme Ct 06/10/2013) upheld the right of the arbitrator to determine… Continue Reading »

59

Arbitration or Lawsuit – Employment Disputes – Where Will Your Business Be?

Carol Keough June 20, 2013

The business owner can often make the choice between arbitration or lawsuit.  Where do you want to be if there is a dispute with one of your employees?  In litigating employment cases, I have stood before a jury of twelve people and watched their reaction to the story of an employee who was allegedly terminated… Continue Reading »

1

Tick Tock: Statute of Limitations for Contract Lawsuits

Trisha Barita May 29, 2013

Contracts are an inevitable part of business and if you deal with alot of contracts in your business, at some point you will likely experience a contract dispute with the other party.  So what are your options to sue them?  How long do they have to sue you?  In Texas, most actions for breach of… Continue Reading »

44

Fired Employee loses to Employer on Arbitration Clause

Carol Keough April 2, 2013

Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors).  Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program).  At some point Nabors fired Mr. Klein.  Believing that he was fired… Continue Reading »

42

Contracts: Recognizing the Condition Precedent Requirement

Trisha Barita January 30, 2013

Many Texas Contracts have condition precedent language in them and recognizing your obligations or the other party’s obligations to perform a condition precedent is important to understanding the duties of the parties to perform under the contract.  When a condition precedent is nor performed by one party, it  can sometimes excuse the other party from performing at all.  As… Continue Reading »

43

Insurers and Construction Companies Wait for Texas Supreme Court to Weigh in on Ewing Case

Carol Keough January 24, 2013

The Fifth Circuit has certified questions to the Texas Supreme Court in Ewing Construction Co. v. Amerisure Ins. Co., 2012 WL 3205557 (Fifth Circuit, August 8, 2012) which remain unanswered as of this date. At issue is whether the “contract exclusion” in the standard Commercial General Liability (CGL) insurance policy excludes coverage for faulty construction… Continue Reading »

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