Corporate Matters

As businesses and governmental agencies operate, disputes will arise requiring litigation. A party to a contract may fail to meet its obligation, someone could owe a client money or a problem may arise with a construction project. When that happens, clients need to seek a remedy or defend their rights. We represent both private businesses and governmental entities as plaintiffs and defendants in civil litigation around Texas. We work effectively for our clients as we guide them through the process of resolving their dispute.

We advise clients based on their best interests and give straightforward recommendations based on the facts of the case. If that means they are liable as a defendant, we work to settle the matter quickly to minimize their exposure. Should they have a claim against another party, we work diligently to seek a redress for the client. All the while, we communicate with our client to work together as the case progresses.

Our services associated with litigation frequently pass through the following phases:

Our firm can advise and assist you in all facets of your construction project as it relates to both corporate clients and our Emergency Services District clients. These projects range from single-family residences to multi-million dollar fire stations and commercial buildings. Once the need to build has been identified, we guide our clients as they seek out, negotiate and purchase a tract of land including all title work and review. We next work with the engineers, surveyors and environmental experts to develop a site layout. After that, we assist the client in contracting with the architect or project manager and hiring a general contractor. While the project progresses, we assist clients in resolving claims and disputes throughout the process and even after completion. Should issues arise, we are able to resolve claims through arbitration or trial, as needed.

This includes legal representation as you bid your projects or seek financing, including tax-exempt public bond financing, if appropriate. Additionally, on many occasions we have sought public bid proposals for fire departments and can help you with similar type projects. Our pre-construction experience includes:

Construction and Post-Construction Disputes
We will not abandon you once the project starts. It is not unusual for our attorneys to be involved during the project as well. We have provided services to address:

From the start of a project through final completion and occupancy, we represent our clients in all aspects of their residential, commercial and public construction projects. Whether you are a developer, homebuilder, owner or the general contractor we can assist to make your project run more smoothly.

Much of what our clients do centers on an “agreement” between two or more parties that is embodied in a written document; a contract. The enforceability of a contract is at the cornerstone of our legal system. It is our belief that a clearly worded and complete agreement will minimize if not prevent problems in the future. Once grey areas are eliminated, the parties to an agreement know exactly what is expected of them.

We advise our clients on all facets of their contracts. This starts with either the preparation of contracts on behalf of our clients or the review of contracts that involve our clients but were drafted by another firm. These include purchase and sales agreements, acquisition contracts, employment agreements, buy-sell agreements, purchase and sale of real estate, purchase or lease of equipment and buildings, service contracts and inter-local operating agreements between governmental agencies (ESDs) and similar agencies. We treat each situation uniquely and draft an agreement to best serve our clients.

If prepared by another firm and brought to us by a client we revise, negotiate and evaluate these contracts on behalf of our clients. If a contract is already in place, we evaluate the agreement and the situation then advise our clients in all matters related to the agreement and how it affects the issue at hand. This could be our clients’ obligations under the agreement, the length of the agreement, limitation of actions, insurance requirements, and, when advisable, termination of a contract.

While a few people are still able to operate with a handshake and their word, in today’s complex business world it is more necessary than ever that the written word be accurate and complete. Our clients now do business locally, internationally and over the Internet in ways never dreamed of a few years ago. It is our job to assist and protect them as much as possible.

As part of our practice, we advise business clients as well as individual clients regarding all business matters. Typically, clients initially want to discuss the choice of business structure and other preliminary matters related to the formation of a new business. Fortunately, since we are a smaller firm, we frequently get to work with a new client when the business is just being born. There are many questions during this phase and we are familiar and comfortable giving those answers. Many of these “seed” clients have grown into very successful companies and we have remained as counsel to them throughout their business growth.

Our firm has experience drafting governing documents such as shareholder agreements, partnership agreements, company agreements, employee contracts, buy-sell agreements, a myriad of corporate resolutions and filings with the Texas Secretary of State. These documents are not as simple as downloading a form from an online source and filing in the blanks. They are customized to the needs and wishes of our clients. Businesses need to properly plan to succeed and that involves them taking their beginning first steps correctly. We realize that capital is thin during such times and we work with our clients to ensure their success.

A sampling of our clients range from a small residential painting company, to one of the largest orthopedic physician groups in Texas, to a highly successful inner-loop townhome development company. There are of course many other clients, but the point is that our knowledgebase is broad, our experience is vast and our services and knowhow are a valuable asset to their business. We are always eager to learn about a new business venture and help to assure its success.

We regularly advise clients on such issues as:

As part of our practice, we advise business clients as well as individual clients regarding all business matters. Typically, clients initially want to discuss the choice of business structure and other preliminary matters related to the formation of a new business. Fortunately, since we are a smaller firm, we frequently get to work with a new client when the business is just being born. There are many questions during this phase and we are familiar and comfortable giving those answers. Many of these “seed” clients have grown into very successful companies and we have remained as counsel to them throughout their business growth.

Our firm has experience drafting governing documents such as shareholder agreements, partnership agreements, company agreements, employee contracts, buy-sell agreements, a myriad of corporate resolutions and filings with the Texas Secretary of State. These documents are not as simple as downloading a form from an online source and filing in the blanks. They are customized to the needs and wishes of our clients. Businesses need to properly plan to succeed and that involves them taking their beginning first steps correctly. We realize that capital is thin during such times and we work with our clients to ensure their success.

A sampling of our clients range from a small residential painting company, to one of the largest orthopedic physician groups in Texas, to a highly successful inner-loop townhome development company. There are of course many other clients, but the point is that our knowledgebase is broad, our experience is vast and our services and knowhow are a valuable asset to their business. We are always eager to learn about a new business venture and help to assure its success.

We regularly advise clients on such issues as:

Employment law issues arise for all size companies and governmental agencies. Having an experienced attorney on your side will help to minimize or eliminate the risk. One misstep can lead to fines, administrative hearings and years of litigation. We handle employment law issues for our corporate and Emergency Services District clients to guide them in this litigious area. We work with our clients in all matters affecting the employer/employee relationship. This includes recruiting and hiring new employees, management and retention of employees, and when necessary, discipline and termination should the circumstances require this action. We provide practical advice geared towards helping our clients achieve staffing goals while reducing the potential for costly litigation.

Employment Contracts

It is becoming more and more common for employers of all sizes to have written employment contracts with their employees. Our firm prepares employment contracts and independent contractor agreements for many of our public and private clients. Oftentimes, disputes arise from employment contracts when those signing it fail to understand their rights and obligations under the contract. We review the terms contained in employment contracts to determine if they are likely to be upheld in a court of law if a breach occurs and discuss enforceability issues.

Other Disputes with Employees

We are experienced and capable to competently advise and represent clients in following areas:

Whether an employment contract, employee handbook or standard operating guidelines exist, there will always be specific situations and circumstances that arise requiring consultation. Employment involves a more personal interaction between people, sometimes the workplace is like a second family, and those situations can be rewarding if proper planning is made. Providing jobs to people is an incredibly rewarding experience and maintaining the harmony of the workplace is paramount to any business’s success.

It is important that most clients have an effective Estate Plan long before it is needed. Additionally, rather than merely working to transfer assets of a person upon their death, we provide “living documents” that provide legal benefits and controls while a person is alive. These may include a Directive to Physician and Family or Surrogates (a “Living Will”), a Medical Power of Attorney (when one is unable to make their own health care decisions), a Durable Power of Attorney (to handle certain transactions and affairs when one is unable to do so for himself or herself) and perhaps other documents as a special need or desire arises, such as appointment of Guardians should the need ever arise.

Upon a person’s death, we work to ensure as smooth a probate process as possible. Obviously, when probating the Last Will and Testament of a loved one or close friend, people are going through a difficult time in their lives and we are sensitive to that reality. We assist the process by reviewing the decedent’s estate and working directly with the executor and/or families. The probate process can be simple or complex, depending on family and estate issues.

We strive to resolve all matters in a timely and efficient manner. We assist in preparing the necessary paperwork for starting the probate and estate administration process. We can also help with final income tax returns issues and appropriating distributing the estate assets. We can prepare a Federal Estate Tax Return (form 706) and necessary trust tax returns that may be required.

We can also advise on alternatives when someone dies without a will. Our goal is to assist and advise on the best way to administer and distribute the assets of the estate in a quick and efficient manner. Our lawyers also assist in the estate planning process by working with their clients to best set forth their wishes for long-term asset planning, distribution of their estate upon their death, health care wishes and guardianship matters.

The attorneys at Coveler & Peeler work with each client to hear their goals and concerns and prepare an estate plan and documents that are tailored to meet those goals and needs. With proper planning, one is able to protect your inheritance for children, reduce estate taxes and minimize the cost and burden of the probate process.

Our firm has handled all different types of real estate transactions throughout its history from the preparation of a simple quitclaim deed to highly complex multi-faceted real estate transactions. We are routinely involved in various aspects of real estate transactions. Our clients have included landowners, homeowners, purchasers, developers, property management companies, lenders, real estate brokers, general contractors, subcontractors, landlords and governmental entities.

We understand that the goal of any real estate transaction is to successfully close the transaction as envisioned by our client, whether as a seller or as a buyer. Because we have the experience to serve our clients’ needs, they appreciate our straightforward communication style.

Our services include legal representation in connection with:

Regardless of whether you are purchasing your first home, developing your next townhome project or preparing to renovate a multi-family apartment project, we get involved and will take the time to answer your questions and explain the law and the options available.