TX LEGAL EDGE

Contract Law

39

Defective Tennis Court Not Excluded Under CGL Policy

Carol Keough February 21, 2014

The Texas Supreme Court concluded that damages caused by the defective work of Ewing Construction Company in constructing tennis courts for a school district was not excluded from coverage by the contractual liability exclusion in a CGL policy.  The Fifth Circuit certified a question to the Supreme Court in Ewing v. Amerisure, 2014 WL 185035… 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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