Dallas Austin

In an industry that relies heavily on contract compliance, construction contractors and suppliers operate with little room for error – particularly when it comes to job-critical equipment. A recent memorandum opinion from the Texas Court of Appeals out of Dallas, as see in Fabricating Machinery, Inc. v. RLB Construction, Ltd. d/b/a RoofTec, underscores three key principles: – contract conformity requires complete, not partial performance; – a buyer does not waive available remedies by accepting non-conforming goods; and, – a contractor seeking recovery must prove that its d

Recently, our firm prevailed on appeal at the Fort Worth Court of Appeals, obtaining a holding that a limitation of liability provision in a home inspector’s contract was enforceable under Texas law. This opinion arises from a lawsuit originally filed by Cornelius Joe Ergonis and Linda Ann Ergonis (“Ergonis”) in Denton County against William Thomas Sultzbaugh and Sharon Elliot Sultzbaugh (collectively “Sultzbaughs”), Ebby Halliday Real Estate, Inc. and Kathy Gibson (collectively “Ebby Halliday”), Lighthouse Engineering LLC (“Lighthouse”), and Paul Wood Inspection Group, Inc.,

On February 9, 2026, the first jury was seated for the Texas Business Court in Powers et al. v. Berry et al. The Texas Business Courts were created on September 1, 2024. Powers v. Berry was originally filed state district court in October 2024 and was quickly removed to the Texas Business Court as it involved a business dispute with damages alleged to be between $30 million and $200 million. The dispute at issue involved ownership and control of a crude export terminal. Trial lasted eight days, after which the 12 jurors deliberated and returned a 10-2 verdict for Powers. Powers v. Berry serves

A Texas Court of Appeals recently upheld a $14 million verdict against a cellphone tower construction company and its employee, reasoning that the evidence was legally and factually sufficient to support the jury’s findings and the awarded damages was within the jury’s discretion. Q.A. Services, LLC (QA) builds cell phone towers. Kenneth Porter is a co-owner of QA and owns several trucks that were driven to jobsites by QA employees. Roger Landry, a former employee of QA, would travel to the jobsites where he helped build the cell phone towers. In December 2018, he drove to a jobsite near C

May in-house counsel for a for-profit company owned by nonlawyers provide legal services to customers of the company if the company gives the customers the option of retaining the in-house counsel and only charges the “actual cost” incurred by the company? In Opinion No. 707, the Professional Ethics Committee for the State Bar of Texas concluded, no. The company in question “provides litigation management services and support to lawyers, law firms, and corporations, including software and technology to help customers lower their costs and potentially improve litigation results[.]R