Roquemore Skierski PLLC

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Essential Legal Steps for Starting a Business Safely

Starting a business is an exciting journey that requires careful planning and attention to detail. Whether you’re launching a small business or forming a larger partnership, taking the right steps early on can protect your venture from potential legal problems. From selecting a proper business structure to drafting clear agreements, ensuring that every aspect is… Continue reading Essential Legal Steps for Starting a Business Safely

When Is It Time to Call a Litigation Lawyer?

Entering a business partnership can be an exciting opportunity. It allows individuals to pool resources, share responsibilities, and, of course, share in the profits and losses. However, these financial aspects—particularly the profit and loss—are critical elements that need careful consideration. Understanding how profit and loss statements work within a partnership is essential to ensuring the… Continue reading When Is It Time to Call a Litigation Lawyer?

Understanding Breach of Contract and How It Impacts Your Business

Contracts are the backbone of any business relationship. They establish the terms, expectations, and obligations between two or more parties. But what happens when one party fails to uphold their end of the deal? This is where a breach of contract comes into play.   Understanding what a breach of contract is, and how it… Continue reading Understanding Breach of Contract and How It Impacts Your Business

A Comprehensive Guide to Alternative Dispute Resolution for Businesses

Disputes are almost inevitable. Whether it’s between two companies or internal issues within a business, conflict can easily arise. For companies looking to resolve these disputes quickly and cost-effectively, alternative dispute resolution (ADR) has become a popular choice.   ADR offers a way to settle disputes without the lengthy and expensive process of going to… Continue reading A Comprehensive Guide to Alternative Dispute Resolution for Businesses

Understanding Breach and Remedies in Texas Contract Law

Introduction to Texas Contract Law Texas contract law forms the backbone of business agreements across the Lone Star State. Whether you’re a small business owner, a corporate executive, or an individual entering into a contractual agreement, understanding the nuances of breach and remedies within this legal framework is crucial. This comprehensive guide delves into the… Continue reading Understanding Breach and Remedies in Texas Contract Law

When Is It Time to Call a Litigation Lawyer?

In today’s complex business environment, legal challenges can arise unexpectedly, potentially jeopardizing your company’s operations and future. Recognizing the right moment to engage a litigation lawyer is crucial for protecting your business interests and navigating potential legal pitfalls. This comprehensive guide will help you identify key situations when seeking legal expertise becomes not just beneficial,… Continue reading When Is It Time to Call a Litigation Lawyer?

Business Lawyer’s Guide to Setting Up and Managing an LLC

Starting and managing a business is an exciting yet complex journey. Understanding how to establish a Limited Liability Company (LLC) and navigate its management is crucial. This guide, backed by the expertise of a business lawyer, will help you through the process with ease. What is an LLC? Understanding the Basics A Limited Liability Company… Continue reading Business Lawyer’s Guide to Setting Up and Managing an LLC

Partnership Dispute Lawyer’s Expert Insights on Resolutions

Business partnerships can either lay the groundwork for success or become a source of conflict. When two or more individuals join forces to achieve a common goal, their combined skills and resources can propel their venture to new heights. However, disagreements and conflicts are almost inevitable. In such scenarios, the expertise of a partnership dispute… Continue reading Partnership Dispute Lawyer’s Expert Insights on Resolutions

Is dissolution the only solution for a struggling partnership?

Aspiring entrepreneurs take on a business partner for all sorts of reasons. Maybe they did not have enough capital to qualify for a franchise opportunity on their own. Perhaps they simply lack experience running a business. A partner can provide the skills or resources that an entrepreneur does not already possess. Partnerships help those who… Continue reading Is dissolution the only solution for a struggling partnership?

The Basics of Business Contracts and Agreements

Learning the basics of business contracts and agreements is like learning the ABCs for anyone entering the business world. Think of these contracts as promises between people that set the ground rules for their work together. When done right, these agreements are powerful tools that help everyone know what they’re supposed to do, protect everyone… Continue reading The Basics of Business Contracts and Agreements

Common Contract Terms and Definitions

Understanding common contract terms and definitions can feel like learning a new language. But knowing these terms is crucial, especially if you’re dealing with business agreements. Whether you’re drafting a contract with a business lawyer, consulting a business law firm, or simply looking for business law near me for guidance, being familiar with these basics… Continue reading Common Contract Terms and Definitions

Understanding Commercial Litigation: A Beginner’s Guide

Have you ever wondered what happens when businesses disagree and can’t sort it out by talking? They might end up in commercial litigation, which involves resolving disputes through legal means. Explore this topic and make it easy to understand, starting with understanding commercial litigation. What is Commercial Litigation? In simple terms, commercial litigation is when… Continue reading Understanding Commercial Litigation: A Beginner’s Guide

How Do You Resolve a Business Dispute?

When you run into a disagreement in business, figuring out how do you resolve a business dispute can be crucial. It’s about finding a fair solution quickly and without spending too much. There are several ways to solve these disagreements without going to court, which is good because the court can be slow and expensive.… Continue reading How Do You Resolve a Business Dispute?

The Step-by-Step Process of a Business Lawsuit

Getting sued as a business can feel like a big, scary thing. It’s a process called commercial litigation, and it has a lot of steps. But don’t worry—we’ll walk through the step-by-step process of a business lawsuit so you know what to expect. First Things First: You’re Being Sued Imagine you just found out someone’s… Continue reading The Step-by-Step Process of a Business Lawsuit

Negotiating Contracts: Dos and Don’ts

Negotiating contracts is a crucial skill for anyone in business. It’s about reaching an agreement that benefits everyone involved while protecting your interests. Let’s explore some dos and don’ts of negotiating contracts, ensuring you come out on top without burning bridges. Do: Prepare Thoroughly Before you even start talking terms, know exactly what you want… Continue reading Negotiating Contracts: Dos and Don’ts

10 Legal Documents Every Business Should Have

Running a business means dealing with lots of paperwork. But some papers are important for keeping your business safe and running smoothly. Let’s talk about 10 legal documents every business should have. These papers help ensure everyone knows what’s expected, keep your ideas safe, and ensure you’re following the rules. Business Contracts Business contracts are… Continue reading 10 Legal Documents Every Business Should Have

How to Start Your Own Business

If you’re interested in how to start your own business, it’s crucial to understand that around 55% of adults in the U.S. have started at least one business in their lifetime, according to the Global Entrepreneurship Monitor. With such a high number of people taking the entrepreneurial path, it’s essential to understand the basics of… Continue reading How to Start Your Own Business

The Role of Business Attorneys and Business Lawyers

In the ever-evolving business world, the expertise of a knowledgeable business attorney or business lawyers is invaluable. From the bustling cityscape of Dallas, TX, to the thriving suburban business hubs like Plano, Frisco and Allen legal professionals specializing in business law are the unsung heroes behind the success of both burgeoning startups and established corporations. What… Continue reading The Role of Business Attorneys and Business Lawyers

Understanding Business Law: A Guide to Legal Expertise in Dallas

Navigating the complexities of business law can be a daunting task for entrepreneurs and established businesses alike. Whether you’re starting a new venture, negotiating a contract, or facing litigation, understanding the role of business law, and having the right legal support is crucial. What is Business Law? At its core, business law encompasses the rules… Continue reading Understanding Business Law: A Guide to Legal Expertise in Dallas

What Happens When a 3rd Party Interferes With Your Business Relationship

Every day in business you compete for clients, employees, services, resources, and, ultimately, profits. In an ultra-competitive business world even the most successful loses a key customer, client or prospect that we have locked up. When that happens we perform a deep dive into the relationship, what could have been done better, revisit communications and… Continue reading What Happens When a 3rd Party Interferes With Your Business Relationship

Business Negligence and Texas Law: What you Need to Know

In the commercial context, negligence occurs when one party fails to live up to perform a duty despite a legal obligation to do so. Texas law recognize and impose legal duties in several scenarios whereby the failure to meet a minimum standard of care could expose you to liability. This note discusses various scenarios when… Continue reading Business Negligence and Texas Law: What you Need to Know

Effective ways to handle your Partnership Dispute

When you created your business, you might’ve thought that you had every kink worked out and every contingency under consideration. But as time rolls on, you’ve probably found that new issues come up, priorities change, and business decisions are more difficult to make. For those in a partnership, these issues can be multiplied and, if… Continue reading Effective ways to handle your Partnership Dispute

3 common reasons for business dissolution among entrepreneurs

In the dynamic and competitive landscape of entrepreneurship, business dissolution can be a challenging reality that company owners may end up facing at some point. The journey of running a business is not without its obstacles, and understanding the common reasons that business dissolution may occur is crucial for any entrepreneur aiming to build a… Continue reading 3 common reasons for business dissolution among entrepreneurs

Do small businesses have trade secrets too?

If you run a small business, you might think that trade secrets are only for big corporations or high-tech startups. The truth is that trade secrets can be any type of information that gives you a competitive edge and that you take reasonable steps to keep secret. This means that your small business likely has… Continue reading Do small businesses have trade secrets too?

‘Force majeure’ clauses may be essential to your contracts

A business contract is legally binding. If you don’t fulfill your obligations under a contract, you may be on the hook for a lot of money — so much money that it could seriously damage your business. A wise business leader will seek to avoid that problem by having backup plans or working out solutions… Continue reading ‘Force majeure’ clauses may be essential to your contracts

What should my business know when bringing on a partner?

A Texas business can often benefit by expanding its leadership by bringing on a new partner. This can be useful in myriad ways. New partners can bring capital, expertise, a customer base and fresh ideas. However, there are risks with changing a business dynamic. It is essential to be aware of the law regarding partner… Continue reading What should my business know when bringing on a partner?

What’s the difference between trade secrets and trademarks?

In today’s competitive business landscape, protecting intellectual property is crucial for companies of all sizes. Two commonly misunderstood forms of intellectual property are trade secrets and trademarks. While they both help provide legal protection, they serve different purposes and require distinct strategies. Trade secrets are valuable assets A trade secret refers to confidential business information… Continue reading What’s the difference between trade secrets and trademarks?

Texas businesses should know about deceptive consumer law

Many laws govern how firms transact business in Texas. The Deceptive Trade Practice Act is a business and commercial law that can have consequences for businesses in this state. What the DTPA does The DTPA is a wide-ranging consumer law that allows consumers to sue anyone who makes false, misleading, or deceptive statements when they… Continue reading Texas businesses should know about deceptive consumer law

3 reasons entrepreneurs choose to form LLCs

Creating a formal business entity is a very involved process. People invest a lot of time, money and consideration into the creation of a business plan. They then generally choose a business structure, file paperwork with the state and start preparing to operate their new company. There are many different types of businesses that entrepreneurs… Continue reading 3 reasons entrepreneurs choose to form LLCs

When are outstanding debts an issue during business dissolution?

Dissolution is often the final stage in a business’s life cycle. The owner or entrepreneur in charge of the organization files paperwork with the state to officially end the company. They will sell off or liquidate remaining business assets and cease doing business altogether. At the end of the dissolution process, the separate legal entity… Continue reading When are outstanding debts an issue during business dissolution?

How do I keep my trade secrets protected?

While every part of a business can play a role in its success, business owners may wish to hide certain parts from the public. The term trade secret often applies to components of a business’s operation that are lucrative and need to remain protected from the public eye. Unfortunately, for many businesses, there is never… Continue reading How do I keep my trade secrets protected?

What happens when one business partner dies?

Unlike a marriage, a business partnership doesn’t involve making vows about working together until death do you part, but that is an implied part of an agreement in many cases. Business partners may negotiate certain terms for a buyout in their contract with one another, but they will likely intend to continue working together until… Continue reading What happens when one business partner dies?

Are you prepared for these potential shareholder disputes?

Shareholders hold an enormous amount of power. In short, your business is beholden to them, requiring you to focus on maximizing profits and driving your business in a way that satisfies shareholders. That may be easy to do in some market conditions, but there may come a time when you and your business end up… Continue reading Are you prepared for these potential shareholder disputes?

Why partners need a contract when starting a business

Partnerships can be born out of single conversations wherein people realize they have overlapping interests. A good business idea and a desire to work together are all that is truly necessary for a successful business partnership to begin bearing fruit. However, having the right paperwork is also crucial for long-term success. Partners must have a… Continue reading Why partners need a contract when starting a business

Should you use a partnership structure for your business?

As you gear up to start your business, you’ll have to make a lot of decisions. You’ll have to secure a location, develop a marketing strategy and secure supply lines and talent. It can all be a little overwhelming at first, but these early decisions can be critical to your business’s sustainability and overall success.… Continue reading Should you use a partnership structure for your business?

Is specific performance the best answer to contract disputes?

A breach of contract scenario can do significant damage to your organization. You could lose major accounts if a former employee violates their non-solicitation agreement and starts approaching clients from your company after they leave your business. You might have to idle the factory floor for days if a supplier fails to produce materials that… Continue reading Is specific performance the best answer to contract disputes?

Starting a new business in Texas

If you are in business in Texas or about to embark on a business venture in Texas, it is important that you understand how the business laws will apply to your business so that you do everything by the book. When it comes to business, Texas has a rock-solid reputation because of low business taxes,… Continue reading Starting a new business in Texas

For Mechanic’s Liens Timing Is Everything

Mechanics, artisans, and material men enjoy certain rights and in Texas. [i] The Texas Constitution states that “mechanics, artisans, and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value of the labor done thereon, or material furnished therefor, . . .” Liens arising under Article XVI are called “constitutional liens”.

Chapter 53 of the Texas Property Code grants a statutory lien to contractors for the amount of labor, materials, and designs or drawings used in the construction, repair, survey, or demolition of real property or specially fabricated materials.[ii] Mechanic’s liens arising under the Texas Property Code are called “statutory liens”. Whether you hold a constitutional or statutory lien, you must comply with certain procedural and time requirements to enforce your mechanic’s lien

Even after recent statutory updates, statutory construction liens [iii] are a web of categories, exceptions, and specifications, all of which impact the creation, priority, and perfection of liens.. With mechanic’s liens, there are two areas where timing is key. First is the lien’s priority compared to other similar liens. In Texas, liens generally follow the “first in time, first in right” rule, meaning that the first to record a lien has priority over later-filed liens.[iv] The Texas Property Code creates a qualified preference for properly perfected statutory liens over any “lien, encumbrance, or mortgage that attached to real property prior to the date of inception of the mechanic’s lien.”[v]

But it’s not quite as simple as it sounds (it never is). The word ‘inception’ is a bit complicated in this context. This is where its best to have a lawyer’s assistance, because the time of inception is not the same as the time the lien is filed. Since 1971, Texas has statutorily defined the time of inception of a mechanic’s lien.[vii]

Second, beyond the issues related to a lien’s priority, Texas law includes several important deadlines that need to be complied with in order to perfect a lien. If you’re involved in the construction industry, you likely know that Texas recently changed Chapter 53 of the Texas Property Code related to liens. The changes should (for once) simplify the process for all involved.; however, these new rules only apply to contracts entered into after January 1, 2022.

Let’s start with the notice requirements under the Code.. Notice obligations depend on your status as an original- vs sub- contractor. Original contractor is defined as a contractor with direct contract with the property owner- while sub-contractor is a contractor who perform duties to or on behalf of the original contractor.[viii] Under the new law, except for residential homesteads (discussed below) original contractors no longer need to send property owners any kind of preliminary notice of claim. Sub-contractors, however, are required to provide statutory notice of claims.[ix] Having made these predicate determinations, in order to perfect your lien, you must give notice of your claim according to a complex (and confusing) time regime. Failure to timely file your lien notices could expose you to legal liability to the property owner.

Sub-contractors on residential projects must send preliminary notice to the owner and the original contractor by the 15th day of the 2nd month following after which labor or materials were delivered or the specially fabricated materials were to be delivered.[x] On non-residential projects, the notice must be sent by the 15th day of the 3rd month.[xi]. This eliminates the need to send multiple notices, and makes the system a bit simpler.

In addition to preliminary notice requirements, the contractors must file a lien affidavit in the county property records. This, too, is governed by strict time deadlines proscribed based on contractor status. For original contractors, the lien affidavit must be filed before the 15th day of the 3rd month following the end of a residential project, and before the 15th day of the 4th month for a non-residential project.[xii] Any other contractor must file its lien affidavit by the 15th of the 3rd month of ending the project.[xiii]

These deadlines are the same for both GCs and other contractors.

These deadlines serve important purposes. An action for the enforcement of any lien must be initiated within 1 year of the last date to file the lien, as calculated above,[xiv] unless both the claimant and the property owner agree to the extension in writing.[xv]

How these deadlines are enforced was also updated. Previously, if the deadline to file suit fell on a weekend or holiday, it was bumped up to the business day before the deadline. Now, the deadline is pushed to the first business day after the weekend or holiday. Generally, the new law makes things much easier for the lien holder.. With mechanic’s liens, the calendar is an essential tool; a skilled construction lien lawyer or mechanic’s lien lawyer such as Roquemore Skierski can make sure the calendar works with you and not against you.

[i] See Texas Constitution article XVI, § 37 and Tex. Prop. Code § 53 et al.

[ii] Texas Property Code states:

Sec. 53.021. PERSONS ENTITLED TO LIEN. A person has a lien if the person, under a contract with the owner or the owner’s agent, trustee, receiver, contractor, or subcontractor:

(1) labors or furnishes labor or materials for construction or repair of an improvement;

(2) specially fabricates material, even if the material is not delivered;

(3) is a licensed architect, engineer, or surveyor providing services to prepare a design, drawing, plan, plat, survey, or specification;

(4) provides labor, plant material, or other supplies for the installation of landscaping for an improvement, including the construction of a retention pond, retaining wall, berm, irrigation system, fountain, or other similar installation; or

(5) performs labor as part of, or furnishes labor or materials for, the demolition of an improvement on real property.

[iii] We use the term “construction” or “mechanic’s” lien interchangeably throughout this article.

[v] Tex. Prop. Code § 53.123(a).

[vi] Tex. Prop. Code § 53.124(a)

[vii] Valdez v. Diamond Shamrock Ref. & Mktg. Co., 842 S.W.2d 273, 277 n. 2 (Tex. 1992) citing Tex. Prop. Code § 53.124 (a)-(b) (1984); see also, Tex. Prop. Code § 53.124(e).

[viii] Tex. Prop. Code §§ 53.001(7) & (13).

[ix] Tex. Prop. Code § 53.056(a).

[x] Tex. Prop. Code §§ 53.056(a-1)(2)(A) & (B).

[xi] Tex. Prop. Code §§ 53.056(a-1)(1)(A) & (B).

[xii] Tex. Prop. Code §§ 53.052(a)(1) & (2).

[xiii] Tex. Prop. Code § 53.052(c).

[xiv] Tex. Prop. Code § 53.158(a).

[xv] Tex. Prop. Code § 53.158(a-2).

An Oral Contract Is Generally Worth The Paper It Is Printed On

It’s one of those things that you’ve probably been told a million times since childhood – “Oral contracts are perfectly valid, and we have a deal.” While the first part of that sentence is generally true, it is not always so, and evidentiary issues make proving the facts behind the second part difficult. Starting with… Continue reading An Oral Contract Is Generally Worth The Paper It Is Printed On

Hazards Of Signing A Contract Without A Lawyer

One common question lawyers hear is “Why do I need an attorney when templates and samples are freely available on the internet?” While this may be true for legal services, it is equally true doctors, plumbers, electricians, and auto mechanics. A doctor should not attempt to perform surgery on himself; in most cases you should… Continue reading Hazards Of Signing A Contract Without A Lawyer

How To Form An LLC In Texas

If you want to start a new business in Texas, one of the most important decisions you can make is the formation of the business entity. There are four primary styles of business in Texas, but here we’ll talk about the Limited Liability Company, or LLC for short. The most important benefit of an LLC… Continue reading How To Form An LLC In Texas

Confused About When You Need A Business Attorney

Plenty of law websites offer advice for every component of starting and running your business. Simple tasks like deciding what to name your company or filing for an Employer Identification Number (EIN) can have lawyer support but can also be done by knowledgeable entrepreneurs. Here are a few tips for answering ‘When do I need… Continue reading Confused About When You Need A Business Attorney

Perfecting Constitutional Mechanics Liens

Texas has one of the more specific lien perfection regimes in the country. Miss any one of a multitude of complicated steps and your efforts could be in vain. More importantly, you expose yourself to claims of illegally clouding title. Over the next few weeks, I am discussing Texas lien rights. Today we see how… Continue reading Perfecting Constitutional Mechanics Liens

Hot Checks Diversion Program Violates Fdcpa

The Consumer Financial Protection Bureau recently sued Bounce Back, Inc., a Kansas City, MO back check processor for alleged violations of the FDCPA and CFPA for deceptive, false, and misleading practices in connection with the collection of debt. Bounce Back is the national operator of the bad check recovery program of 90 district attorneys across… Continue reading Hot Checks Diversion Program Violates Fdcpa

Like This Service Of Process By Social Media

Social Media and Service of Process for Lawsuits Texas has joined a growing list of states that recognizes modern communications realism, people communicate via social media more today than ever before. Platforms such as Facebook, TikTok, and Instagram may provide the basis for effective and enforceable service of process for lawsuits. Texas Rules of Civil… Continue reading Like This Service Of Process By Social Media