Tag: Breach of Contract

Contract Disputes Are The Most Common Cause Of Construction Litigation

Posted on

With any construction project, there are dozens of moving parts. If just one part fails, the rest of the project can be thrown off schedule. Construction litigation can be extremely costly and time consuming, making it difficult for projects to reach completion. The most common cause of construction litigation is contract disputes, which echoes the importance of drafting thorough and specific contracts with the help of experienced construction lawyers.

According to the 2018 Global Construction Disputes Report, contract disputes are the leading cause of legal issues for the construction industry, including contractual errors and omissions, poor contract administration and contractual misunderstandings. You might think a small omission wouldn’t have a huge impact on a project, but you’d be wrong. On average, construction contract disputes take 18 months to resolve. This means projects can be slowed down dramatically by even the smallest contract issue.

Construction contracts are a common cause of disputes, because unlike other types of contracts, they are often written in real time. Every little change needs to be documented in a change order to prevent confusion; however, there are many small details that can have huge implications. This means any time there is a contract dispute, the parties involved need to immediately contact an experienced construction lawyer. The right lawyer can help resolve issues before they drag out into an 18 month long ordeal.

Start With A Solid Foundation

The best way to protect yourself from litigation is to work with an experienced contract attorney; however, not just any contract attorney will do. The construction industry is extremely nuanced, and even attorneys with the best intensions can make costly mistakes. When looking for an attorney to help you with construction contracts, you must select an attorney with prior experience in the construction industry. You will need someone with industry knowledge to protect your best interests.

Know Where To Turn To When Litigation Arises

To prevent construction disputes from getting out of hand and delaying projects, you need to know where to turn to when litigation arises. Construction litigation can be incredibly complex, and you should only turn to attorneys with a successful track record. At Feldman & Feldman, our experienced construction lawyers are well versed on matters relating to the construction industry. We have helped draft solid contracts that prevent litigation and assisted clients when disputes threatened their projects.

Houston Construction Lawyers

If you are facing any type of construction law dispute, don’t wait to contact Feldman & Feldman today. We can analyze your case and explain your legal options. Call us today to schedule an appointment.

Why You Need An Attorney To Draft Contracts

Posted on

Many people conduct business without the help of an attorney. Oftentimes business dealings like transactions and agreements seem straightforward and simple to the layperson, but the reality is these matters have serious legal implications. Whether you are conducting business without a contract or are using a contract that was not drafted by an experienced attorney, you need to be aware of the risks you are facing.

Contracts Are Legally Binding

One of the many benefits of a well written contract is that it is legally binding. This means both parties will be responsible for holding up their end of the contract. Imagine what would happen to a business if a supplier stopped supplying crucial parts? The business would come to a complete stop. Contracts give both parties legal recourse when a contract is broken. Unfairly or improperly drafted contracts can bind parties to unfair terms. People that sign contracts before reading or without fully understanding them put themselves at risk of serious financial jeopardy.

Poorly Written Contracts May Not Be Enforceable

Some people may choose to write their own contracts or use generic contracts they find online, but these are fraught with problems. One of the most common problems with poorly written contracts is vague language. Contracts need to written with a level of specificity, which means generic contracts found online simply won’t do because vague terms are difficult, if not impossible, to enforce.

Poorly written contracts also often lack crucial provisions such as details on how to terminate the contract, compensation for breach of contract, and many others. Depending on your business and industry, many specific circumstances must be addressed in the terms of your contracts. If these items are not addressed, you could find yourself tangled up in costly and expensive litigation.

Houston Contract Lawyers

The Houston contract lawyers at Feldman & Feldman have extensive experience drafting all types of contracts for businesses within a variety of different industries. We can make sure your contracts are legally enforceable, outlines fair terms, and protect you from litigation. To schedule an appointment with one of our contract attorneys, contact us today.

Rusty Hardin Trial Win Named Texas’ Top Business Law Verdict of 2010

Posted on

Originally Published in Online PR Media

Trial partners, Cris Feldman and Rusty Hardin, win Texas’ largest verdict in 2010. A $2.8 million breach of contract verdict won by attorneys from Houston’s Rusty Hardin & Associates, P.C., against Stewart Title Guaranty Co. has been named as Texas’ top business law verdict of 2010.

Firm founder Rusty Hardin represented the Fort Bend-based business partnership Sugar Land-Settlers Way/Ponderosa Ltd. in the trial against Stewart Title along with firm attorney Cris Feldman.

The list of top verdicts is compiled by the Verdict Search jury verdict reporting service and appears in Top Texas Verdicts of 2010, which is published in the May 23 issue of Texas Lawyer. The verdict also ranks as the 78th largest verdict in the state last year. The publication lists the top 100 verdicts based on the nature of the claim and amount of monetary damages awarded.

According to the lawsuit, Sugar Land-Settlers Way/Ponderosa Ltd. purchased title insurance in 2007 on a piece of property in Sugar Land, Texas, and agreed to lease the property to JP Morgan Chase as a branch bank location. In September 2007, Chase discovered that the lot was prohibited from being used for a retail financial institution and cancelled the contract with Ponderosa.

On June 24, 2010, following a four-day trial in Harris County’s 61st District Court, jurors found that Stewart Title failed to comply with the terms of its title insurance policy, knowingly violated the Texas Insurance Code and was in breach of good faith and fair dealing. The jury awarded $2.5 million in damages plus $320,000 in attorney fees.

“This verdict was a very gratifying decision,” says Mr. Hardin. “My clients purchased insurance specifically to be protected from what happened. The jury had it right. What Stewart Title did was in violation of good faith and fair dealing and, without that, business just doesn’t happen.”

Rusty Hardin & Associates has built a solid reputation for establishing rapport with juries and obtaining favorable results in both civil and criminal matters.

Download Rusty Hardin Trial Win Named Texas’ Top Business Law Verdict of 2010 (PDF)