Liability under Negligent Misrepresentation

Liability under Negligent Misrepresentation

Negligent misrepresentation is an interesting cause of action that allows third parties to sue professionals outside privity of contract. Privity of contract exists between the actual parties to a transaction. While the law requires that parties have privity of contract for liability to be possible under claims like breach of contract, contractual privity is not…

Defenses to the “As Is” Clause under a Real Estate Contract

Defenses to the “As Is” Clause under a Real Estate Contract

While we all hope that in the process of buying or selling a home no problems arise, issues may often come up subsequent to a sale. It is important for the seller to understand the liability he or she faces, and the same time, it is important for the buyer to be aware of how…

Before A Home Renovation or Addition, Every Homeowner Should Ask A General Contractor These Things Before Construction Begins

Before A Home Renovation or Addition, Every Homeowner Should Ask A General Contractor These Things Before Construction Begins

Believe it or not, general contractors are not licensed or regulated in the State of Texas.  That’s right: while HVAC technicians, electricians and plumbers are required to maintain licenses, home builders and general contractors are not.  Individuals’ most prized possessions are usually their homes, where they raise their families and feel a sense of security…

Insurance Law Note: Should an ERISA Plan Document and SPD be combined?

Insurance Law Note: Should an ERISA Plan Document and SPD be combined?

In the world of health insurance regulation, there is a wide array of document requirements and mandated disclosures. Among these requirements is a written instrument governing the operation of an ERISA plan (known as the “Plan Document”) as well as a Summary Plan Description (“SPD”) summarizing what the ERISA plan entails. The Plan Document and…

Insurance Law Note: Navigating the Required Notices for Group Health Plans

DW Law Insurance Law Documents

Health Insurance compliance for Employers is highly-regulated. Group Health Plans are not only required to comply with the Employee Retirement Income Security Act (“ERISA”), but must also comply with regulations set by the Department of Labor (“DOL”) and numerous other laws that impact an employee’s health benefits. These laws set out standards under which group…

Differences Between Statutory and Constitutional Liens in Texas

Statutory and Constitutional Liens in Texas DW Law

Statutory Lien Texas Property Code Chapter 53 defines who is entitled to a lien for labor and materials improving properties like homes, buildings, fixtures, improvements, and certain other lands. These people include: laborers, materials fabricators, suppliers, architects, engineers, surveyors, landscapers, and demolition services. Even if you’re in one of these categories, however, filing a lien…

Employment Law Note: The Section 7(i) Exemption for Commissioned Employees under the Fair Labor Standards Act

DW Law Exemption for Commissioned Employees

Certain commissioned employees in a “retail or service establishment” are exempt from overtime pay under Section 7(i) of the Fair Labor Standards Act (“FLSA”). A “retail or service establishment” is “an establishment 75% of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as…

Employment Law Note: “White Collar Exemptions” and the New Rule

Employment Law Note: “White Collar Exemptions” and the New Rule

On December 1, 2016, the application of the “white collar exemptions” is going to change dramatically.  Section 13(a)(1) of the Fair Labor Standards Act (FLSA) provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.  Section 13(a)(1) and Section 13(a)(17) also exempt…

The How and Why of Corporate Conversion

Corporate Law

Limited Liability Companies (LLCs) are habitually the preferred corporate structure for startups and small business owners. In many ways, they are also the most practical form for small companies who do not need or seek outside investment and do not envision significant growth.  An LLC is a hybrid type of legal structure that provides the…