Don’t Forget the Additional Insured!
Imagine you are a general contractor who has just been served with a lawsuit for defective construction. You immediately pull your contracts for the project to determine which subcontractors performed the deficient work. You identify the subcontractor, pull the subcontractor agreement, and find that wonderful provision stating that the subcontractor must add you as an […]
The Value Of Team Work & Outside General Counsel – El Valor Del Trabajo en Equipo y El Consejo General Externo
We stress good communication with our clients in working together with them in the understanding of their operations, for example. We view the relationship as a team and strive to work together in order to achieve the correct outcome given the laws and facts.
Risk Protection: Your Next Step – Protección Contra Riesgos: Su Próximo Paso
Most small businesses have been given the advice to operate within the protection of a corporate entity or similar company structure such as a limited liability company (L.L.C.) as a solid measure for risk protection. However, we would suggest that forming such an entity is just the beginning step in risk protection for shielding your […]
Employer Liability for the Acts of Independent Contractors – Responsabilidad del Empleador Por Las Leyes de Los Contratistas Independientes
In today’s busy world, there are a number of ways that a small business owner, a general contractor, an independent subcontractor, or an owner of land find the need to have some construction performed. Perhaps they need some equipment repaired or installed. Unfortunately, in the process of these functions, a client or worker can sustain […]
Risk Transfer and Avoidance. What Do You Need to Know? – Transferencia de riesgos y evitación. ¿Qué necesitas saber?
Risk Transfer and Avoidance are two exceptionally important practices for any business. However, they are rarely ever thoroughly explained to those that they are supposed to be helping. There has been much litigation about the exposure faced by many in the contracting business. The Texas Legislature and the Courts of Texas have placed significant limitations […]
Dealing with Wind Damages from Harvey?
To our friends and neighbors in Montgomery and surrounding counties: We have all been dealing with the after effects of Hurricane Harvey and the tremendous amount of flooding caused by the associated rainfall. We want to advise you that, while many, if not most of these claims, will be directed toward FEMA and covered by […]
There Is Nothing More Expensive Than a Poorly Drafted Contract – No hay nada mas caro que un contrato mal Escrito
As a young lawyer, I had the opportunity to listen to a District Court Judge admonishing another attorney about his argument to the Court. After a while, the judge ruled against his client telling him ”. . .there is nothing more expensive than a poorly drafted contract.” Not being a part of this case, I was […]
Thomas M. Fountain & Associates, PLLC to offer New Continuing Education Course for Texas Residential & Commercial Property Insurers
As a certified provider through the Texas Department of Insurance, Thomas M. Fountain & Associates, PLLC is excited to announce that we are now offering a new Continuing Education course geared towards Texas Residential and Commercial Property Insurers. This program focuses on assisting Insurance Adjusters to give them the tools needed to understand current trends […]
Thomas M. Fountain & Associates, PLLC – Celebrating 25 Years
Thomas M. Fountain & Associates, PLLC was formed twenty-five years ago today, on July 16, 1992, after a rewarding tenure at two of Houston’s most successful insurance defense/civil litigation firms. In this time, we have assured our clients, past and present, of the full strength, stability, and fortitude that can only come with our thirty-five […]
Outside General Counsel – Consejero General Externo
Thomas M. Fountain & Associates has several programs marketed to the small to mid-size business owner by which to assist those companies which do not require a full time on staff general counsel. Whether it be litigation, transactions, or regulatory compliance, we can help! Just a few ways we do that would be in providing […]
