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Houston Business & Commercial Law Blog

Understanding breach of contract and its possible remedies

In Texas and elsewhere throughout the United States, a contract is a legally binding document creating rights and obligations for parties of the contract. When a party fails to uphold his or her contractual duties, a breach of contract occurs, possibly giving rise to a contract dispute. A contractual breach can take place when a party fails to perform his or her obligations in a timely manner or does not perform according to the terms of the contract or even when there is an omission of performance of the contract.

In the event of a breach of contract, the aggrieved party may seek protection under law or may try to recover monetary damages resulting from such a breach. Commonly, in order to resolve a contract dispute and to enforce contracts, the recourse sought by many people is to file a lawsuit.

Dallas-based company acquires five Houston-area golf courses

Many business owners in Houston, Texas, would agree that a merger or acquisition is a common way to expand a business. When a business merges with another business or acquires another company, that business is able to diversify its offerings and, as a result, it can enjoy exciting growth. However, mergers and acquisitions offer a unique set of challenges and, therefore, addressing the issues effectively becomes extremely important.

Recently, ClubCorp, a Dallas-based owner and operator of private golf and country clubs, announced that it has acquired Atlanta-based Sequoia Golf, which currently runs, owns or operates as many as 50 private and public golf courses in Texas, Colorado and Georgia. The business acquisition is bound to have a significant impact on Houston-area golf clubs in and around Houston and Galveston Bay that were owned and operated by Sequoia Golf.

How to settle a small business dispute

To a small business owner in Texas, a business dispute can lead to massive costs. Every small business proprietor would agree that cost control is crucial for a business to be successful. Business litigation can take place between the owner and their suppliers, subcontractors, customers or other parties related to the business, entailing heavy costs if not dealt with appropriately. To thwart such ungainly circumstances from arising, there is a solution the small claims court has to offer.

In recent times, dollar limits have been increased by small claims courts, enabling owners to bring numerous routine business disputes into the courts. This will not only allow small business owners to save money that would have been spent in legal fees in ordinary courts, but also time.

Texas introduces new program to encourage veteran entrepreneurs

The Armed Forces of the United States have found continued engagements throughout the world since World War II. From Vietnam to Iraq, military men and women have served the country with their bravery and loyalty and with their ceaseless commitment to the ideal of democracy by making great personal sacrifices. Texas has had its fair share of military veterans and a recent government program aims to give back to state veterans by helping them become new business owners.

In 2013, the Texas Veterans Commission, in collaboration with legislators and the governor's office, successfully passed a Texas Senate bill the basis of which was funding a team of expert business consultants with skills available to help any veteran in Texas start a new business. Additionally, the service is free of charge for the veterans.

New business marketing approach in Texas

That fact that the state of Texas is welcoming to more business is evident from the number of new businesses that are flourishing throughout the state. For any business organization, marketing can make a big difference. Good marketing strategies are essential for product promotion and earning the loyalty of customers. The end result of brilliant marketing is always a huge improvement in all-round performance.

Any successful businessman would agree that along with good partners, correct marketing and innovative strategies go a long way when establishing and keeping a business healthy. Many Texas restaurant owners are coming up with inventive marketing plans so that they can reach out to every potential customer. One well-regarded restaurant owner in Houston, for example, has come up with the idea of using the U.S Postal Service to reach everyone in the locality.

Texas new business makes carrying a six-pack less canny

It is often said that invention is the child of crisis. Or so it may seem that way! When authorities prohibited drinking from cans while cruising a local waterway, a Texas-size student innovation created to meet the ban translated into a potential new business.

According to reports, faced with a ban on carrying beer cans while navigating the Comal River, a group of University of Texas student engineers spearheaded the unique innovation of an insulated beer chiller called the "PalmKeg", which is the size of a very small beverage keg. This new product will meet the requirements that precipitated the ban and will make carrying beer on Comal easier.

Soccer world cup fuels massive mergers

Texas was as much witness to the phenomenon of big business acquisition as the rest of the U.S. during the soccer World Cup this year. Announcements were made about two of the world's largest business acquisitions recently in the country. The proposed acquisitions involve four renowned U.S. telecommunications companies.

AT&T proposed a buyout of DirecTV on the condition that the latter renews its (American) football package for Sunday nights. Time Warner Cable is selling because it has lost customers due to rising cable bills; the cause of the rise in cable costs is partially due to the high cost involved in obtaining rights to televise sports. The recent announcements are important due to the sheer enormity of the total amount of money involved in the two acquisitions, which running in hundreds of billions of dollars.

Couple sues Harley-Davidson over product liability claim

Texans are aware that operating any business involves risks. It may be profitable one day; another day may provide huge financial losses. Also, business disputes seem to be unavoidable, mostly due to miscommunication, incorrect understanding of product specifications or a variety of other reasons, all of which may eventually lead to business litigation. Recently, Harley-Davidson was sued by customers claiming a product liability issue.

The complaint filed by a married duo states that the husband was driving the vehicle on a Texas highway in Mount Pleasant with his wife on the back when the driver applied the front and back brakes to avoid a car which had cut in front of the bike. The motorcycle's wheels locked and a fishtail resulted. The bike pitched in the opposite direction and the couple was thrown off, suffering injuries, including a skull fracture.

Antitrust concerns emerge in potential acquisition

Various concerns arise when deciding whether to expand a business, including business profits, acquired debt, and antitrust concerns. Such is the case involving a potential acquisition related to Texas Industries and Martin Marietta Materials.

According to reports, antitrust concerns arose over Martin Marietta's potential $2.7 billion acquisition of Texas Industries. The United States Department of Justice and Martin Marietta may enter an agreement to resolve these concerns. Although the clauses of the agreement are not clear at this time, the company assumes that it may include terms that divest the company of two rail yards in Dallas and Frisco, Texas and its North Troy quarry in Mill Creek, Oklahoma.

Texas family-owned business acquired by Ram Tool

Otto Dukes Construction Supply, founded in 1962, is based in Texas and deals in all types of power tools. Its customer base includes many residential and industrial construction firms. Recently, the family-owned business was acquired by an Alabama-based company, Ram Tool and Supply Co. Original management of Otto Dukes will maintain its operations after the transaction is complete.

Once the deal is finalized, Ram Tools will have 31 branches in 11 states. Ram Tool's headquarters is located in Birmingham, Alabama. With the acquisition, they now enter the Texas market with their branches located in San Antonio, Houston, Chantilly, Dallas, Austin, Corpus Christi and Fort Worth, Texas.

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