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 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 […]
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 […]
Newsflash for Employers – Religious Discrimination
The EEOC has just filed a suit against an Employer (Decostar) who, according to the EEOC, discriminated against their employee because the Employer attempted to force the employee to work overtime against their religious beliefs. The release by the EEOC reads in part: “According to the EEOC’s suit, Decostar violated federal law by firing Dina […]
USAA V Menchaca~USAA Lloyds Seeks Rehearing
As we previously reported, recently, our Texas Supreme Court issued a major new ruling directly affecting Texas homeowners. The insurer has let the Court they wish to seek a rehearing as to the Court’s opinion. The Motion has not yet been filed, but when it is, we will we will update you accordingly. As we […]
A Primer for Property Insurance for Homeowners and the Small Business Owner
1. Know the Market~ Whether it be to insure your company’s location, or your home, from unexpected losses, it is important to know the availability of insurers in your marketplace. For example, your independent agent services a variety of insurers, but not all of them for any given location. Often, an insurance company will want […]
Hotel Investor Secures Favorable Settlement in Business Litigation
Recently, the Firm of Thomas M Fountain & Associates, PC resolved a long standing business litigation dispute between the owners of three (3) hotels. The case was pending about four (4) years when the Firm was asked to take the case over. The lawsuit had already been to mediation six (6) times, which yielded no […]
Risk Shifting~Texas Contracts & Insurance Agreements
In Texas, there are two accepted ways of shifting the risk to another using contracts and insurance agreements. One is to contract it away using an indemnity clause. An indemnity agreement is a promise to safeguard or hold the one of the contracting parties harmless against either existing and/or future loss, damage or injury liability. Obviously, […]
Why Outside General Counsel? Part 2~Negotiation of Office Leases and Insurance Policies.
In The Woodlands Texas, and especially in the Greater Houston, Texas area, one of the unfortunate consequences of the recent downturn of oil and gas prices, has been what is often phrased as a “buyer’s market” in the commercial real estate market. Many businesses have decided to take advantage of this by investigating new […]