Disputes are a part of life. Although many people can, and do, resolve their disputes by talking through the problem, sometimes the only solution is a lawsuit. There are many types of civil litigation. Understanding where to start and how to proceed can be overwhelming and complex. The best discussion an individual can have about the kinds of litigation available to them is a one-on-one discussion with an attorney.
Massingill has extensive knowledge of handling many different types of civil litigation cases. Our team has decades of combined experience developing strategies for each client’s unique needs.
1. Breach of Contract
Contracts are the glue that holds many business and personal relationships together. People feel more comfortable collaborating when they have a promise to rely on. When someone breaks their promise or doesn’t follow the rules of an agreement, they commit a breach of contract.
Some civil litigations examples of contract disputes leading to lawsuits include:
- Vendors failing to deliver products,
- Business partners failing to follow an agreement, and
- Customers refusing to pay for a supplier’s services.
These cases often focus on whether there was an enforceable contract between the parties, if the parties performed or failed to perform a contractual obligation, and whether the failure caused damages. Courts can remedy a breach of contract by ordering a party to pay monetary damages or perform acts required by the contract.
Transactions Requiring Written Contracts
Texas requires certain agreements to be in writing and signed to be enforceable. These include contracts:
- To sell real estate;
- To lease real estate for longer than a year;
- For someone to pay another person’s debts;
- To fulfill a promise lasting more than one year;
- Regarding marriage or romantic cohabitation;
- Regarding commissions paid for oil, gas, or minerals;
- For medical care; and
- For the sale of goods $500 or more.
Massingill represents clients in disputes over business contracts, service agreements, leases, and more.
2. Business Disputes
Owners of a business can sometimes have disputes among themselves. These can include disagreements over:
- Ownership,
- Sharing of profits,
- Failing to fulfill statutory duties,
- Paying debts, and
- Making business decisions.
Massingill represents business owners in all stages of conflict—whether it’s a fight between shareholders, disputes over dissolving a company, or arguments about a buy-sell agreement. These cases often involve complex rules that can make or break a company’s future and should involve the help of an experienced attorney.
3. Deceptive Trade Practices
Texas’s Deceptive Trade Practices-Consumer Protection Act (DTPA) protects consumers and small businesses from dishonest or unethical commercial practices. If someone buys goods or services and is misled or tricked, they might have a claim under this law.
Under the DTPA, businesses cannot:
- Misrepresent what they’re selling,
- Hide important facts about their goods,
- Mislead individuals about the goods of another, and
- Take advantage of a vulnerable person.
Massingill helps clients hold businesses accountable for these unfair acts.
When it comes to civil litigations, examples of lawsuits for deceptive trade practices include:
- Suppliers lying about the quality of their materials,
- Car dealerships covering up damage to used cars, and
- Service providers charging hidden fees.
Deceptive practice victims may be entitled to actual economic damages. If the misconduct was intentional, they might also receive extra damages.
4. Construction Defects
Construction projects have many moving parts, including builders, materials, schedules, and inspections. When something goes wrong, the result can be costly and dangerous.
Texas law allows property owners to sue for construction defects that can include:
- Unstable foundation,
- Unsafe wiring, or
- A failure to follow building codes.
There are endless types of construction defects, so the above list contains just a handful of actionable mistakes.
Proving fault in a construction defect case is a complex task that often involves the following:
- Expert witnesses,
- Repair estimates, and
- Evidence of code violations or failed inspections.
Parties should also understand that plaintiffs cannot file suit if they don’t mitigate their damages. Massingill assists clients in effectively resolving these disputes through negotiation or court.
5. Lawsuits for Damages
Civil litigation offers multiple ways to obtain legal relief, including payment of damages to make up for what was lost. Texas’s Civil Practice and Remedies Code outlines several types of damages, including:
- Economic damages to pay for financial losses, such as repair expenses, lost profits, or medical costs;
- Noneconomic damages to compensate for a plaintiff’s pain and suffering; and
- Exemplary (punitive) damages to punish a defendant who acts fraudulently, maliciously, or with gross negligence.
Massingill works with clients to identify damages available in their case and prove them in court.
6. Lawsuits for Injunctions
Money doesn’t fix every dispute. Sometimes, a plaintiff may need to stop a defendant from doing something or make them do something right away. In these cases, Massingill helps clients seek civil injunctions.
There are two main types of injunctions: temporary injunctions, which quickly stop an act while the case is being decided, and permanent injunctions, which are ordered at the end.
Texas courts grant injunctions when one of the following applies:
- The plaintiff has a right to the relief, and at least part of the relief requires restraining an act that is prejudicial to the plaintiff;
- The defendant is about to perform an act that would violate the rights of the plaintiff and make litigation ineffectual;
- Principles of equity and state law warrant an injunction;
- The sale of real property under an execution against a person without an interest in the property would place a cloud on the property title; or
- There is a threat of irreparable harm.
An injunction is a powerful tool. It can stop construction, prevent business misconduct, or protect personal property before more damage is done.
Trust the Massingill Approach
Massingill brings clarity and calm to complex legal battles, whether a business dispute, a contract claim, or a construction issue. Our top-rated team handles the heavy lifting and consistently keeps our clients’ goals in mind. If you have a potential dispute, contact us online or by phone to schedule an appointment. Let us help you navigate the world of civil litigation.
Resources:
- Short Title, Tex. Bus. & Com. Code § 17.41 (1973), link.
- Formal Requirements; Statute of Frauds, Tex. Bus. & Com. Code § 2.201 (1967), link.
- Ultra Vires Act, Tex. Bus. Orgs. Code § 20.002 (2023), link.
- Effect of Partnership Agreement; Nonwaivable and Variable Provisions, Tex. Bus. Orgs. Code § 152.002 (2023), link.
- Remedies of Partnerships and Partners, Tex. Bus. Orgs. Code § 152.211 (2006), link.
- Relief for Consumers, Tex. Bus. & Com. Code § 17.50 (2005), link.
- Definitions, Tex. Civ. Prac. & Rem. Code § 41.001 (2015 ), link.
- Standards for Recovery of Exemplary Damages, Tex. Civ. Prac. & Rem. Code § 41.003 (2003), link.
Grounds Generally, Tex. Civ. Prac. & Rem. Code § 65.011 (1987), link.
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.
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