bennettwest

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So far bennettwest has created 91 blog entries.

Residential Construction Liability Act – Essential Elements

The Residential Construction Liability Act (RCLA) is the primary governing statute in residential construction law. The RCLA’s main purpose is to give notice of a homeowner’s complaint to a builder and to allow the builder to make an offer of settlement. Sending a Notice Letter If a homeowner believes that there might have been a [...]

2019-07-18T11:45:37-05:00July 30th, 2019|Business Litigation, Civil Litigation|

Collecting a Money Judgement After Winning a Business Dispute

A monetary or money judgment is a court order that awards the plaintiff in a legal action a sum of money. When a case is decided in your favor, especially when the ruling involves a monetary judgment, go ahead and take a moment to enjoy the victory.  But then, be sure to follow the steps [...]

2019-07-18T10:59:45-05:00July 15th, 2019|Business Litigation, Civil Litigation|

What Happens to Debt at Death?

Your estate is comprised of all that you own, minus outstanding debts. Any debts that you incurred during your lifetime become the responsibility of your estate or your family at your passing.  Repayment of outstanding debts, and the distribution of your estate, are handled during the probate process. The executor of your estate (a person [...]

2019-07-18T11:20:37-05:00June 30th, 2019|Estate Planning, Family Law, Probate|

Keeping Proprietary Information Safe During Business Negotiations

Negotiation is a process in which two or more parties with varying needs and goals discuss a problem to find a mutually satisfactory solution. In the course of negotiations, it is common for parties to share confidential information to move the resolution process forward. For a business, negotiations are critical for collaboration.  But how can [...]

2019-06-13T13:51:42-05:00June 13th, 2019|Business Law, Business Litigation|

Protecting a Company from Misappropriation of Trade Secrets

A trade secret can be any formula, pattern, compilation, program, device, method, process, or collection of information used in a business which derives independent economic value from not being generally known or readily ascertainable to others outside of the business organization.  When someone privy to a trade secret chooses to divulge information, a company must [...]

2019-06-03T14:02:53-05:00May 31st, 2019|Business Law, Business Litigation|

The Basics: How Does Insurance Impact Litigation Strategy?

In the normal course of business, companies purchase insurance to help manage risks. Some of the most common types of insurance purchased by businesses include commercial general liability, professional liability, and directors’ and officers’ liability. On unfortunate occasions, a company may have legal actions brought against the interest of the business. When this happens, insurance [...]

2019-06-04T12:40:21-05:00May 21st, 2019|Business Law, Business Litigation|

Breach of Contract Damages: What Should I Expect to Recover (or Pay)?

In a breach of contract case, one or both sides claim that the other party involved in the agreement has failed to live up to the terms of the contract. There are several types of damages that an aggrieved party can receive for breach of contract claims, including restitution, specific performance, rescission, and general damages. [...]

How to Protect Your Commercial Real Estate from Squatters

For commercial real estate owners, squatters can be a significant nuisance. They can damage property, lower property values, and can even jeopardize your ownership rights. In certain circumstances, allowing squatters on your real estate property might even mean being forced to legally treat them as tenants and giving them notice for eviction, even if the [...]

2019-06-04T12:43:47-05:00April 15th, 2019|Real Estate|

When Will Assets be Disproportionately Distributed Due to Fraud in a Texas Divorce?

Texas is a community property state, which requires that spouses going through a divorce make a just and right distribution of marital property. For most couples, this means making an equal split of the value of all marital assets and debts; however, in certain situations, the Texas family court can award a disproportionate share of [...]

2019-04-10T16:05:17-05:00March 30th, 2019|Family Law|

Tips for Creating a Family Business Succession Plan

Business succession planning is the most logical, practical, and streamlined process for a small business owner to hand over the business to the next generation and exit the company. It can be just as important, if not more so, than estate planning because in many cases a business succession plan is initiated prior to the [...]

2019-04-10T15:45:49-05:00March 15th, 2019|Business Law, Business Planning|
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