The Suster Law Group, PLLC The Suster Law Group, PLLC 2026-07-03T09:16:37Z https://www.susterlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204304/2025/05/cropped-SLG_FAV-32x32.png On Behalf of The Suster Law Group, PLLC <![CDATA[Commercial collection action: What Texas businesses must know]]> https://www.susterlaw.com/?p=50207 2026-06-10T09:08:11Z 2026-06-10T09:08:11Z Receiving a formal demand letter Business-to-business (B2B) debt collection starkly differs from consumer collection. For one, the other business begins the process by sending you a formal demand letter. This document outlines the debt, interest and penalties, prompting you to settle immediately. As a corporate entity, you must respond through proper legal channels to avoid a costly automatic loss.

Escalating to a commercial lawsuit

When resolution is unsuccessful, the creditor will likely file a breach of contract lawsuit. In Texas justice courts, you typically have only 14 days to file a written answer. For county or district courts, that window is 20 days. Your absolute deadline to respond is the very next Monday at 10:00 a.m. Failing to answer in time allows the creditor to obtain a default judgment. As a result, a judge can favor the other party, allowing them to pursue your business assets to settle unpaid dues and penalties.

Adopting a proactive approach is wise

Waiting before responding to a commercial collection action can jeopardize your case. Acting proactively should be your main focus, but it is worth noting that navigating this alone can be risky. Consulting a business law attorney is advisable. With legal help, you can perform an audit on the formal demand letter and contract agreements to verify exact amounts and look for billing errors. They can also provide insights on negotiating with the collector before matters escalate into litigation.]]> On Behalf of The Suster Law Group, PLLC <![CDATA[Construction Contracts in Texas: 5 Clauses Every Contractor Should Include]]> https://www.susterlaw.com/?p=50114 2026-02-07T18:49:40Z 2025-10-28T13:30:03Z Scope of work Even experienced contractors sometimes miss certain details in their contracts. If you want to avoid problems, define the job in specific terms, list deliverables, materials, quality standards and provide a realistic timeline. Specify who handles permits and inspections and name any exclusions, so clients cannot claim the contract covered work you never agreed to.

Payment terms

Spell out how and when you will get paid. Include milestone or progress payments, retainage percentage, deadlines for invoices and interest or remedies for late payments. Being clear when it comes to the rules can make collections simpler and discourage slow-paying clients.

Change orders

Construction is not always predictable. In case something changes, make sure you require written orders for any alteration to scope, price or schedule. Specify who can authorize changes and how you will price them. You do not want to rely on oral agreements that are unenforceable, because this can turn into unpaid work.

Dispute resolution

Set a practical path for resolving conflicts. Mediation and arbitration are great options before any party considers court action. A clear dispute clause can save time and legal costs while keeping the project salvageable.

Termination and suspension

Outline when either party can stop work, and what compensation applies if you suspend or terminate the contract. Specify notice requirements, cure periods and payment for work completed. This will prevent you from being obligated to continue a project even when the owner has stopped making payments.

Get legal guidance sooner than later

A well-drafted contract does more than avoid fights. It clarifies expectations, protects your margins and preserves your reputation. Speak with an attorney who understands Texas construction law and have them review your documents to ensure enforceability and compliance with state statutes. Protect your business and reputation by hiring a licensed lawyer to draft new contracts, review existing agreements or update those nearing expiration.]]> On Behalf of The Suster Law Group, PLLC <![CDATA[Zoning disputes in Texas: What developers and property owners should expect]]> https://www.susterlaw.com/?p=50108 2025-08-21T15:45:15Z 2025-08-21T15:45:15Z What are common zoning issues? Zoning disputes often arise from misunderstandings or conflicts with local regulations. Developers and property owners should research the possibility for and prepare a response to challenges such as:
  • Variances: Requests for exceptions to zoning rules
  • Rezoning: Changing the zoning classification of a property
  • Nonconforming use: Existing uses that do not comply with current zoning laws
Each of these challenges requires a strategic approach to resolve, often involving negotiations with local authorities.

How do I engage with local government to work through this type of dispute?

Successful resolution of zoning disputes often involves engaging with local government and the community. Building relationships and maintaining open communication can facilitate smoother resolutions. In some cases, zoning disputes may escalate to legal proceedings. Developers and property owners should prepare for this possibility by:
  • Documenting all communications and agreements
  • Retaining experienced legal counsel
  • Understanding the appeals process
Preparation can help parties prepare to defend their interests in court if necessary. Zoning disputes in Texas require careful navigation and strategic planning. By understanding the zoning process, anticipating challenges, engaging with local entities, and preparing for legal proceedings, developers and property owners can effectively manage these disputes. Staying informed and proactive is key to achieving successful outcomes in the complex landscape of Texas zoning laws.]]> On Behalf of The Suster Law Group, PLLC <![CDATA[Preventing property value loss when facing code violations]]> https://www.susterlaw.com/?p=50103 2025-07-18T19:30:15Z 2025-06-30T09:58:50Z As a property owner or real estate professional in the Dallas-Fort Worth area, you know how quickly a code violation can affect your investment. Whether you own commercial space in Plano or manage residential units in Fort Worth, a single violation can cost you more than just fines. It can stall deals, hurt your reputation and lower your property’s value.

The effect of code violations on property value

Code violations, such as zoning issues, safety hazards or unapproved improvements, can delay sales and reduce your property’s appraisal. In busy markets like McKinney and Frisco, even minor problems can turn away buyers or renters. Every notice you receive is a warning that could lead to costly consequences. Taking it seriously now could save you thousands in penalties and compliance costs. To avoid these setbacks, start by responding promptly to any violation notice.

Why you should respond to code notices right away

When you receive a code enforcement notice, act right away. Cities like Arlington and Garland may fine you or take legal action if you delay. In serious cases, unresolved violations can lead to liens or force repairs. Fast action helps you stay in control and limit long-term risk. If you’re unsure of what to do next, use legal options such as lease enforcement, contract claims, or code defense strategies to protect your position.

Explore legal remedies to protect your interests

Not all code violations are your fault, and in many cases, the law gives you tools to shift responsibility or limit the damage. Depending on your situation, several legal options may help reduce your risk. An experienced attorney can assist with:
  • Kick out provision: Removes tenants who caused the violation
  • Remedies for breach of contract: Hold contractors accountable for code-related issues
  • Lease review and modification: Update lease terms to prevent future liability
  • Code enforcement defense: Challenge citations or negotiate with local officials
You gain the most from these strategies when your lawyer understands Texas property law and advocates for your financial interests.

Work with a commercial real estate lawyer

You don’t have to manage code violations alone, since you can consult a legal partner to help guide you through the process. Code violations require a strategic legal response. A commercial lease lawyer can help you address enforcement actions, review lease terms and reduce long-term risks. Whether you’re dealing with an eviction or need compliance advice, consulting with the right legal advisor gives you the confidence to make smart decisions. Do not wait until liens or enforcement actions limit your options. 

Protect your property with trusted legal help

You have worked hard to build value in your property. Do not let a code violation undo that progress. Consider consulting with a commercial real estate lawyer who can guide you in resolving the issue, protect your rights and keep your property’s value secure. Acting early keeps you in control and positions you for long-term success.]]> On Behalf of The Suster Law Group, PLLC <![CDATA[What landlords and tenants need to know about the kick-out clause]]> https://www.susterlaw.com/?p=50072 2025-05-22T11:47:33Z 2025-05-22T11:47:33Z Understanding the kick-out clause in commercial leases The kick-out clause is also known as the termination or performance clause. It is a provision in commercial leases that enables landlords to regain control of their property under specific circumstances. The clause typically includes conditions such as minimum sales or revenue requirements that the tenant must meet to avoid lease termination. As a result, landlords and tenants must carefully review and negotiate the terms of the kick-out clause to ensure their interests are protected.

Considerations for landlords

Landlords have significant interests at stake when it comes to the kick-out clause. Among their considerations are:
  • Landlords can use the kick-out clause to terminate a lease if the tenant is not meeting specific performance metrics.
  • They can also use the clause to regain control of the property and re-lease it to a more profitable tenant.
  • The clause can also help landlords minimize financial losses and protect their investment in the property.
The kick-out clause can provide a safeguard against unprofitable or underperforming tenants. Thus, landlords must consider the terms of the clause to ensure it is enforceable and compliant with Texas law.

Implications for tenants

Tenants must also consider the kick-out clause when negotiating a commercial lease. Common implications include:
  • Tenants may be required to meet performance metrics, such as sales targets or customer traffic numbers, to avoid lease termination.
  • They may also have a requirement to provide regular financial reports to landlords to demonstrate compliance with the kick-out clause.
  • Their failure to meet the conditions of the clause can result in lease termination and potential financial losses.
The kick-out clause can have significant implications for their business and financial stability. Therefore, tenants can mitigate the risks associated with the kick-out clause by reviewing the lease agreement and negotiating favorable terms.

Navigating the complexities of commercial leases

The kick-out clause is a critical component of commercial leases in Texas, and it can have far-reaching impacts. As such, seeking legal guidance may help landlords and tenants better protect their rights while managing the intricacies of commercial leases.]]> On Behalf of The Suster Law Group, PLLC <![CDATA[Contract clauses that can help prevent construction disputes]]> https://www.susterlaw.com/?p=49648 2025-04-15T16:41:31Z 2025-04-15T16:41:30Z Clear contracts are one of the best ways to prevent construction disputes. Whether you’re a contractor, subcontractor or property owner, understanding which clauses to include in your agreement can make a significant difference. Below are a few key contract terms that help protect your interests and decrease the risk of legal conflicts.

Define the scope of work

Many disputes begin with misunderstandings about what work was promised. A well-drafted contract should clearly define the scope of work, including materials, timelines and specific responsibilities. If changes occur during the project, ensure those are documented through formal amendments to the agreement. 

Payment schedules

Payment issues are among the most common causes of construction disputes in Texas. To reduce risk, a detailed payment schedule should be in the contract. Payments should be broken into phases based on completed work. All parties must be clear about when payments are due and what happens if they are late.

Dispute resolution clauses

A dispute resolution clause outlines how disagreements will be handled if they arise. Texas construction contracts often include mediation or arbitration before litigation. These options can be cost-effective, and they can also preserve business relationships.  If you do not have a contract in place or if your terms are vague or incomplete, you may end up in a construction dispute. Taking the time to include clear, protective clauses can save you from serious delays and legal disagreements. Whether you are dealing with a new client or a long-standing business partner, contacts are essential. Seeking legal guidance can help ensure that your written agreements are above board. ]]> On Behalf of The Suster Law Group, PLLC <![CDATA[Resolving title defects to complete a real estate transaction]]> https://www.susterlaw.com/?p=49647 2025-04-05T23:53:34Z 2025-04-05T23:53:34Z By executing deeds Especially when the property in question is residential real estate, there could be discrepancies in the county title records. Perhaps the current owner failed to remove a deceased spouse from title. Maybe they never recorded a deed after a divorce. In some cases, it may be possible to correct title issues relatively quickly by recording existing deeds or executing new ones. Deeds can remove non-owners from title and can help ensure that a property is eligible for a title insurance policy.

By asking for court review

In some cases, it may not be possible to have a prior owner execute a deed because they are impossible to contact or deceased. Other times, title issues might involve outdated easements, paid liens still showing up on record and conflicting legal descriptions. In such situations, simple deeds may not be enough to remedy the situation. Instead, the current owner may need to request a quiet title hearing. A civil court judge has the authority to review documentation and order the update or correction of title records. They can remove old owners and easements. They can order the deletion of fulfilled liens. They can even help correct issues with the legal description of a property that could trigger boundary disputes in the future. Ideally, sellers conduct a cursory title review before listing their properties for sale. That way, they have an opportunity to take the necessary steps to correct any significant title issues before they might potentially disrupt a transaction. Getting support as soon as title issues arise can help real estate owners address matters that could prevent a closing from occurring. Real estate litigation initiated to correct title can be challenging, but correcting title records can help those who intend to sell, transfer or refinance their real property holdings.  ]]> On Behalf of The Suster Law Group, PLLC <![CDATA[Is it a breach of contract if a partner doesn’t contribute?]]> https://www.susterlaw.com/?p=49646 2025-04-01T09:20:31Z 2025-04-01T09:20:31Z Business partners should observe the terms of their partnership agreement. This includes contributing to the business by performing the required duties and making agreed-upon financial contributions. A partner who does not contribute to the company may be breaching the contract they signed. Here is what to know about this matter:

How can you tell your partner is not contributing?

It's easy to spot a noncontributing business partner. Examples of signs you may recognize are not attending meetings and not contributing cash to cover business expenses.  You should also be concerned if your business partner attends meetings but fails to contribute to the discussions, lacks enthusiasm for the company's goals, performs their duties poorly, fails to take responsibility for their actions or does not contribute effectively to projects.

What can you do?

A business partner not actively contributing to the business can negatively impact it. For instance, if they fail to contribute toward startup costs, the company may experience financial strain, which might affect its growth. If a business partner regularly ignores emails or meetings, a business may not make crucial decisions on time. While waiting for input from the non-contributing business partner, it may miss out on opportunities, and so forth. Thus, it's crucial to know what to do when your business partner is not contributing to the business. Consider having an open and non-confrontational discussion with them to express your concerns early. Aim to understand the reasons behind their behavior. You should also review the partnership agreement to ensure you are all reminded of your expected responsibilities. Then, agree on solutions – develop a plan to prevent such a problem from recurring. A business partner may suddenly stop contributing to the business. If you are currently dealing with such a partner, obtain more information to protect your investment.]]> On Behalf of The Suster Law Group, PLLC <![CDATA[Does 50-50 ownership matter in a business partnership?]]> https://www.susterlaw.com/?p=49645 2025-03-19T04:31:23Z 2025-03-19T04:31:23Z It is important to draft a partnership agreement when going into business with someone else. One of the common reasons for this document is that it helps define ownership shares. Many partnerships are split 50-50, but not always. That said, why does the ownership percentage matter? You may have assumed that the two of you would be working together as co-owners, so you are not necessarily concerned about the technical split. Below are two reasons why it is important.

Making key decisions

First and foremost, when making business decisions, the majority owner often has the final say. If your business partner owns 60% of the company and you only own 40%, they typically do not have to ask your permission to make decisions. They may not have to take a vote. They can simply decide what they believe is best for the company on their own. You are a partner in the business and one of the main owners, but that does not mean that your position gives you as much power as your partner has.

Selling the business

The second reason why ownership shares are important is that you may one day want to sell the company. If you are splitting the profits, you are both likely entitled to the portion of the profits that corresponds with your ownership share. You do not want to make any assumptions about how much you will receive in the transaction without first considering the partnership agreement and how much of the business is yours. Questions about finances and decision-making power are common among business partners. When disputes arise, they must know what legal options they have.]]> On Behalf of The Suster Law Group, PLLC <![CDATA[What can you do if a subcontractor isn’t up to snuff?]]> https://www.susterlaw.com/?p=49641 2025-03-06T03:18:39Z 2025-03-06T03:18:39Z What does your contract say? The first step in addressing a subcontractor’s poor performance is to carefully review the contract that you have in place with them. Most construction agreements outline specific obligations, performance timelines and quality standards. If the subcontractor at issue is not meeting these terms, the contract may provide remedies, such as cure periods, financial penalties or termination clauses. You should also examine any warranty provisions included in the contract, as many agreements require subcontractors to correct defective work at their own expense. If the contract includes dispute resolution clauses—such as mediation or arbitration—those may also dictate how the issue must be handled. In many cases, businesses must give a subcontractor an opportunity to fix a concern before taking further action. A Notice to Cure is a formal written document outlining the deficiencies and providing a set time frame to correct them. If the subcontractor fails to respond or continues to perform inadequately, the business being impacted negatively may have grounds to terminate their agreement. If the subcontractor refuses to comply, businesses may need to pursue legal action. Potential remedies under Texas law include:
  • Breach of contract claims to recover damages for delays or substandard work
  • Withholding payments for incomplete or defective work
  • Termination of the contract under agreed-upon provisions
  • Filing a claim against the subcontractor’s bond or insurance if applicable
Texas law also allows businesses to seek damages if a subcontractor’s failure results in financial losses or project delays. Seeking legal guidance can help to clarify the best way forward under your company’s unique circumstances.]]>