The Woodlands Business & Commercial Law Attorneys Blog

Texas company prepares to face construction defect claim

2013-06-13T12:12:47Z

It is important for construction companies to follow all safety precautions when building any type of large structure. Not only is this important for houses and other buildings, it is also important when creating any large sign. One family of a boy which was recently killed by a sign falling over is now suing a Texas construction company in a construction defect claim.

The accident happened at a local airport in mid-March when a sign toppled over killing the boy who was only 10 years of age. Fish Construction, Inc. was named as a defendant, along with other contractors in the complaint filed by the deceased boy's family. The company was contracted to design, assemble, construct and install four signs. The lawsuit was filed in early June by the decedent's parents.

]]> Although the company had drafted the plans for constructing and assembling the signs, the company was not the only party involved in the final approval of the design. The other contractor defendants had also approved of the design for the allegedly faulty signs. Also, the plaintiffs failed to name a local airport regulating agency as a defendant, despite the agency being in charge of overseeing the project aimed at renovating the airport. Reports have not made it clear as to what role the agency may have played in the final approval of the designs.

It is unfortunate when a young boy dies in an accident, such as in this case in Texas. However, negligence by the construction company is just one possible explanation as to why the sign ended up toppling over. The construction company will have the opportunity to offer other possible explanations during its defense against this construction defect claim.

Source: chron.com, "Stafford company named in lawsuit after airport sign crushes boy," Carol Christian, June 6, 2013

Settlement reached in patent infringement case involving Microsoft

2013-06-03T13:50:57Z

Sometimes, intellectual property disputes arise between businesses. One thing such business disputes sometimes arise in connection to is alleged patent infringement. Patent infringement cases can be very complicated in nature and what happens in such cases can be very impactful on the involved parties.

Recently, a settlement was reached in a patent infringement case. The case involved Microsoft.

]]> Microsoft was accused by another company of having engaged in conduct which infringed on some patents that the other company holds. The patents in question regard technology involving the placement of advertising by search engines.

The other company brought a patent infringement lawsuit against Microsoft in connection to these allegations. The lawsuit was brought in a federal court in New York. According to the article on Reuters' website which reported this story, Microsoft and the other company recently reached a settlement in connection to this lawsuit.

Under the settlement, Microsoft has agreed to do a variety of things, including:

Make a $1 million payment to the other company.
Assign certain patents to the other company.
Enter into a licensing agreement with the other company.
Pay the other company 5 percent of what Google ultimately pays the other company in connection to use of the patents the lawsuit involved (this settlement term includes an amount cap).

This case illustrates a couple of points that are worth noting. The first is that patent infringement cases sometimes end with the involved parties reaching a settlement. The second is that settlement agreements in business dispute cases can contain a wide variety of terms.

Source: Reuters, "Microsoft to settle Vringo lawsuit over search-related patents," Nate Raymond, May 30, 2013

Houston sees rise in commercial building permits

2013-05-28T13:59:02Z

A recent report indicates that, last month, Houston saw a year-over-year rise in building permits for commercial buildings. According to the article on the Houston Business Journal's website which reported this story, the report was issued by the Greater Houston Partnership.

One question that arises in connection to this increase in commercial building permits is: are there any particular sectors that this growth is focused on? It appears that the growth is focused on the retail sector. According to the above-mentioned report, one-third of the increase in commercial building permits Houston experienced in April was attributable to retail stores. Reportedly, $21.2 million worth of commercial building permits for retail stores were issued in Houston this April. This is significantly higher than the total from April 2012, which was $4.8 million.

]]> There are many different things that can be behind growth of a certain sector of a commercial real estate market. One wonders what specifically is causing the growth in the retail sector of Houston's commercial real estate market. One also wonders how long this growth will continue and whether the growth will strengthen or weaken over the next few months.

Changes in an area's commercial real estate market, such as growth in a certain sector of the market, can have major impacts on commercial property owners, prospective buyers of commercial real estate and the economy of an area. It will be interesting to see what impacts the growth of the retail sector in Houston's commercial real estate market will ultimately have.

Source: The Houston Business Journal, "Retail drives increase in Houston's commercial building permits," Shaina Zucker, May 21, 2013

Construction company brings lawsuit alleging failure to pay

2013-05-20T15:42:05Z

There are many different types of contracts construction companies enter into during the course of doing business. One type of contract construction companies sometimes form with other companies are contracts involving the exchange of goods/services for payment. Construction companies can suffer great harm when they live up to the terms of such a contract and the company they formed the contract with does not. One action a construction company will sometimes take in response to such a contractual breach is bringing a breach of contract lawsuit. What ultimately happens in such cases can be very impactful.

Recently, a breach of contract case has arisen in Texas. The case involves a construction company.

]]> Reportedly, the construction company formed a contract with another company in April 2012. According to the construction company, under the terms of the contract, it agreed to provide services and labor to the other company and the other company agreed to provide it with payment for the services and labor.

The construction company alleges that the other company has failed to pay it for services and labor it has provided under the contract. The construction company alleges that, in total, the other company owes it over $50,000.

According to the article on the Southeast Texas Record's website which reported this story, a lawsuit has been brought in a court in Jefferson County by the construction company against the other company and its owner in connection to these allegations. One wonders what will happen in this case and how it will ultimately be resolved.

Source: The Southeast Texas Record, "Kilgore Construction sues to recover 56k debt," David Yates, May 16, 2013

Couple claims home contained construction defects

2013-05-13T13:32:00Z

It can be a very serious matter when a home construction company is accused of having constructed a home that contained defects. Sometimes, a lawsuit will be brought against a construction company in connection to such allegations. What happens in such cases can be very impactful.

Recently, a case involving allegations of construction defects has arisen. The case involves a home in Barboursville, West Virginia.

]]> Reportedly, in July 2006, a couple bought the home. The couple alleges that the home contained construction defects. Specifically, the couple has claimed that there were problems with the home's: finishes, trim, structural members and foundation. The couple further alleges that, while attempting to repair these defects, the company that constructed the home took efforts to hide the continuing/ongoing nature of the damage the defects caused to the home.

According to the West Virginia Record article which reported this story, a lawsuit has been brought in a court in West Virginia by the couple against the construction company in connection to these allegations. It has been reported that punitive and compensatory damages are being asked for in this lawsuit. It will be interesting to see what happens in this case and how it is ultimately resolved.

Legal disputes involving allegations of construction defects can have many complex aspects and can lead to a construction company facing significant potential consequences. Thus, if a construction company is accused of defective construction, it may wish to consider seeking advice from a business law attorney with experience in construction disputes.

Source: The West Virginia Record, "Barboursville couple sue Hager Construction over home," Kyla Asbury, April 30, 2013

Texas and energy groups in federal court over EPA rules

2013-05-10T14:22:05Z

Everyone who runs a business knows that there is usually a complex web of federal and state regulations that they have to be able to navigate in order to avoid costly business litigation. Nowhere has that been more apparent in the last few years than in the energy industry, one of the bedrock industries of Texas.

Texas, a handful of other states, and trade groups representing energy companies were in federal court in the nation's capital earlier this week, arguing that the Environmental Protection Agency was rushing states into compliance with greenhouse gas-emission rules.

]]> Specifically, the EPA has ordered states to submit plans for new construction that will take into account climate change-causing carbon emissions. But Texas and groups such as the National Mining Association and the Utility Air Regulatory Group argues that the EPA doesn't have the authority under the Clean Air Act to regulate carbon emissions.

The Lone Star State is also arguing that EPA's new regulations are choking off the growth of new energy projects in the state. But judges seemed to express skepticism, noting that Texas choosing not to comply with EPA directives was it's own doing.

For energy companies trying to operate in Texas, it may seem like they are getting mixed messages from their state government and the federal government. No matter how the court rules, companies will have to comply with whatever the ruling is. Understanding complex new regulations from the EPA is never easy, which is why it's important to have legal representation that can help walk a company through the regulatory compliance process.

Source: EnergyWire, "Judges skeptical of states challenging EPA regulatory authority," Jeremy Jacobs, May 7, 2013

Court denies intervention, attorney to file additional suits

2013-05-06T21:29:39Z

A Woodlands attorney will file a lawsuit against The Woodlands Land Development Company today after The Beaumont Court of Appeals denied the intervention of six homeowners to be a part of a lawsuit filed against TWLDC.

The suit claims the company knowingly withheld information about a fault system running through the community where the plaintiffs' homes were built.

Read More Here

Supreme Court wrestles with Indian adoption dispute

2013-05-06T15:19:46Z

The Supreme Court is trying to sort out a wrenching adoption case involving a American Indian child, a biological father who first renounced any interest in her, and adoptive parents who eventually were ordered to hand her over to the father.

The justices heard an appeal Tuesday from the South Carolina couple who wanted to adopt the girl, named Veronica. The outcome of the case was unclear after arguments that included an unusually emotional appeal from the couple's lawyer. Justice Anthony M. Kennedy said he wished he could call upon King Solomon to figure it out.

Read The Full Story Here

Exclusive: At Texas fertilizer plant, a history of theft, tampering

2013-05-06T14:18:02Z

The Texas fertilizer plant that exploded two weeks ago, killing 14 people and injuring about 200, was a repeat target of theft by intruders who tampered with tanks and caused the release of toxic chemicals, police records reviewed by Reuters show.

Police responded to at least 11 reports of burglaries and five separate ammonia leaks at West Fertilizer Co over the past 12 years, according to 911 dispatch logs and criminal offense reports Reuters obtained from the McLennan County Sheriff's office in Waco, Texas through an Open Records Request.

Some of the leaks, including one reported in October 2012, were linked to theft or interference with tank valves.

Read More Here

West, Texas plant explosion victims known for willingness to help others

2013-04-30T16:58:05Z

Firefighters who rushed to be first on the scene, neighbors who never thought twice about helping others and new residents settling into a small town will be memorialized Thursday at Baylor University. At least 15 were killed last week when a fertilizer plant exploded.

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If you or someone you know has been injured or affected by this tragedy, please contact us at (281)367-6555 immediately to learn more about your legal rights.

Texas Fertilizer Plant Fell Through Regulatory Cracks

2013-04-30T13:36:40Z

In the moments after a fire broke out at a fertilizer plant here last week, some of the volunteer firefighters and other first responders who rushed to the scene appeared to have known that there were tons of dangerously combustible ammonium nitrate inside, but others did not.

Residents Begin the Long Process of returning Home to West, Texas

2013-04-29T18:15:05Z

Residents rendered homeless from the West, Texas explosion began to return to their homes to assess the damage from the blast.

Investigation into Cause of Explosion Continues

2013-04-29T16:39:41Z

The EPA and the ATF continue to work with state investigators to determine exactly how the explosion occurred in West, Texas that liked 14 people, wounded hundreds and left still hundreds more homeless.

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If you or someone you know has been injured or affected by this tragedy, please contact us at (281)367-6555 immediately to learn more about your legal rights.

Variance granted to Huntsville bar

2013-04-29T15:32:05Z

There are many different types of ordinances governments can put in place when it comes to commercial property. What ordinances are in place in regards to a real estate property a business operates on can have significant impacts on a business, as they dictate what can and can't be done on the property.

Sometimes, a business will ask a zoning board or similar entity for a variance in regards to a certain property ordinance. Generally, in a variance request, a business will ask that it be allowed to do something in regards to the property that isn't allowed under the property ordinance in question. If the variance request is granted, the business is allowed to perform the otherwise prohibited action. The variance request process can be a fairly complicated one, as it can involve many complex aspects.

]]> Recently, a commercial property-related variance request that was made in a nearby city was granted. The city in question is Huntsville, Texas.

The variance request was made by a bar in the city.

An ordinance that applies to the property the bar is on limited the maximum capacity of the bar to 60 due to the fact that the bar only has 20 parking spaces.

In the variance request, the bar asked that it be allowed to increase its maximum capacity to 120. In its variance request, the bar argued that the limitation of its maximum capacity to 60 was causing it undue hardship.

Last Friday, the city's zoning board made its decision regarding the bar's variance request. As we mentioned above, the board decided to grant the request.

Source: The Huntsville Item, "Zoning board gives the OK for Jaidyn's capacity increase," Brandon K. Scott, April 26, 2013

West Fertilizer Company had Decades of Noncompliance

2013-04-24T22:08:21Z

The Dallas Morning News reported that the West Fertilizer Company's lack of compliance with Texas environmental regulations goes back decades. This noncompliance includes movement of storage tanks without approval, failure to remedy known violations, venting tanks close to public housing, etc.

Read More Here

If you or someone you know has been injured or affected by this tragedy, please contact us at (281)367-6555 immediately to learn more about your legal rights.