When business disputes arise, you seek legal counsel who understands commercial law and the urgency of protecting your business interests. Williams Hart & Boundas, LLP represents businesses throughout Houston and Texas in commercial litigation matters. We handle breach of contract disputes, partnership conflicts, and business torts. Our attorneys combine decades of litigation experience with a focus on pursuing outcomes that matter most to your business.
Why Choose Williams Hart & Boundas, LLP for Your Commercial Litigation Needs
Williams Hart & Boundas, LLP brings litigation experience to every commercial dispute we handle. Our team of experienced attorneys includes multiple attorneys recognized by Texas Super Lawyers for their work in business litigation and personal injury litigation. Several earned continuous recognition from 2020 through 2025. One of our partners received recognition in the 2026 Best Lawyers in America list for personal injury litigation. This reflects the trial experience our team brings to cases.
We approach each commercial dispute with a focus on results. Our attorneys have secured significant verdicts and settlements for clients. These include a $25 million settlement in a breach of contract case involving a construction company. We obtained a $15 million jury verdict in a commercial vehicle incident. We achieved a $13 million verdict in a train crash case. This track record demonstrates our ability to evaluate cases and pursue outcomes that aim to protect our clients’ interests. View our commercial litigation case results to learn more about our track record.
Our litigation team prepares for trial. We prepare every case as if it may go to trial. This means we conduct discovery, develop evidence, and build arguments from the beginning. This approach often leads to settlements. Opposing counsel recognizes the strength of our preparation. When settlement isn’t possible, we have the experience and resources to take cases through trial and appeal.
Types of Commercial Disputes We Handle
Breach of Contract Disputes
Contract disputes form the foundation of many commercial litigation cases. When one party fails to fulfill the obligations outlined in a contract, the other party’s business can suffer losses. Failures include non-payment, failure to deliver goods or services, or failure to meet performance standards. We analyze contracts to identify the specific obligations each party undertook and the damages that may result from a breach.
Our approach to breach of contract cases begins with a review of the contract language. We examine the circumstances surrounding the agreement and the actions (or inactions) that constitute the breach. Under the Texas Business & Commerce Code, we work to calculate damages, including direct losses such as unpaid contract amounts. We also calculate lost profits from the failed transaction and consequential damages that may flow from the breach. We then seek recovery through negotiation, mediation, or litigation, depending on which approach offers an appropriate path to resolution.
Business Torts and Unfair Competition
Beyond contract breaches, businesses sometimes face intentional wrongdoing by competitors or business partners. Tortious interference occurs when someone intentionally damages a business relationship or contract for improper purposes. Fraud and misrepresentation involve false statements made to induce a business into a transaction. Breach of fiduciary duty happens when someone in a position of trust acts against the company’s interests. Such positions include business partner, officer, or director.
We identify the elements of these claims and gather evidence to support them. We build cases that aim to hold wrongdoers accountable. These cases often involve third-party testimony to establish damages. They require presentation of business facts to judges and juries. Our experience in these areas allows us to handle the legal and factual details while maintaining focus on the damages your business has suffered.
Partnership and Shareholder Disputes
Disagreements between business partners or shareholders can threaten the viability of a company. These disputes often involve questions about business direction, valuation, control, and profit distribution. Some disputes lead to the dissolution of the business relationship. Others require court intervention to resolve deadlock or protect minority shareholders.
We handle a range of partnership and shareholder issues. We negotiate buyout agreements when partners want to separate. We litigate valuation disputes when partners disagree about what a business interest is worth. We pursue claims for breach of fiduciary duty when controlling shareholders or partners act unfairly toward other owners. We also represent businesses in dissolution proceedings, working to maximize value for our clients during the wind-down process.
The Commercial Litigation Process
Commercial litigation typically unfolds in several stages. Each stage has distinct objectives and strategic considerations. Understanding this process helps business owners prepare for the steps ahead. It also helps you make informed decisions about how to proceed.
The process often begins before any lawsuit is filed. When a business dispute arises, we evaluate the situation and review relevant documents and communications. We assess the strength of potential claims. We may send a demand letter outlining the dispute and requesting resolution. This pre-litigation phase offers opportunities for negotiation and settlement before the expense and uncertainty of formal litigation begins.
If pre-litigation efforts don’t resolve the matter, we file a lawsuit and enter the discovery phase. Under the Federal Rules of Civil Procedure, discovery involves exchanging documents, written questions (interrogatories), and depositions. Witnesses provide sworn testimony during depositions. This phase can last months or years, depending on the case and the volume of documents involved. We manage discovery, focusing on obtaining the information critical to your case while controlling costs.
As discovery progresses, we evaluate settlement opportunities. Many commercial disputes settle before trial. Both sides gain a clearer picture of the case’s strengths and weaknesses through discovery. We assess the risks and benefits of continuing to trial versus accepting a settlement offer. We keep your business goals in mind.
If the case proceeds to trial, we present evidence, examine witnesses, and make arguments to the judge or jury. Our trial experience allows us to present business facts. After trial, if the outcome is unfavorable, we evaluate whether an appeal is appropriate. We pursue appellate remedies when warranted.
Why Businesses Choose Litigation Over Other Dispute Resolution Methods
While mediation and arbitration offer alternatives to litigation, court proceedings provide distinct advantages in certain situations. Litigation results in a binding decision issued by a judge or jury. This finality provides a level of certainty.
Litigation also provides access to the court’s discovery powers. Through litigation, we can compel opposing parties to produce documents. We can require them to answer written questions and submit to depositions. This discovery process often reveals facts that support our client’s position. It can undermine the other side’s claims. Arbitration and mediation typically involve more limited discovery. This can affect clients with less access to relevant information.
Additionally, litigation creates a public record and establishes precedent. If your business faces similar disputes in the future, a favorable court decision can deter others from engaging in similar conduct. The public nature of litigation means that industry participants become aware of the outcome. This can affect business relationships and reputation.
We evaluate each dispute individually to determine whether litigation, arbitration, mediation, or negotiation offers an appropriate path forward. Sometimes a combination of approaches works. For example, we may attempt mediation first, then proceed to litigation if mediation fails. Our goal is to recommend the strategy that aims to achieve your business objectives.
Commercial Litigation Results and Case Outcomes
Our litigation team has recovered significant amounts for clients through verdicts and settlements. In one construction dispute, we secured a $25 million settlement for a construction company in a breach of contract case against a pipeline company. This case demonstrates our ability to handle commercial disputes involving financial stakes and sophisticated parties.
We have also achieved results in cases with commercial implications. A $15 million jury verdict was obtained in a case involving a pedestrian struck by a company vehicle at a crosswalk. A $13 million jury verdict resulted from a train crash case involving multiple serious injuries. A $5.75 million settlement was reached in a case involving a surgical center pursuing unpaid medical services from a healthcare plan.
These results reflect our approach to case evaluation and strategy. We assess cases by identifying both strengths and weaknesses. We prepare by developing evidence and arguments that support our clients’ positions. We negotiate, recognizing when settlement offers represent fair value and when continued litigation is warranted. When cases proceed to trial, we present arguments that juries and judges find compelling.
Frequently Asked Questions About Commercial Litigation
What is the difference between commercial and civil litigation?
Commercial litigation focuses specifically on disputes between businesses or involving business transactions and relationships. Civil litigation is a broader category that includes commercial disputes but also encompasses personal injury cases, property disputes, family law matters, and other non-criminal legal disputes. When we handle commercial litigation, we focus on the issues that arise in business contexts. These include contract interpretation, business valuation, and commercial damages calculations.
How long does a commercial litigation case typically take?
The timeline for a commercial litigation case varies based on the case and the amount of discovery required. The court’s schedule also affects timing. A contract dispute might resolve within 6 to 12 months. A multi-party dispute could take 1 to 3 years or longer. Settlement can accelerate the timeline. Many cases resolve within months once both sides have a clearer picture of the case through initial discovery. We work to move cases forward while ensuring we have adequate time to develop arguments and evidence.
What damages can I recover in a commercial dispute?
The damages available in a commercial dispute depend on the type of claim and the circumstances. Compensatory damages cover direct losses resulting from the breach or wrongdoing. These may include unpaid contract amounts or lost profits. Consequential damages cover indirect losses that flow from the breach. Examples include lost business opportunities or damage to business reputation. In cases involving fraud or intentional misconduct, punitive damages may be available. These damages are intended to punish the wrongdoer and deter similar conduct. Additionally, in some contract disputes, a court may order specific performance. This requires the other party to fulfill their contractual obligations rather than paying damages. We calculate available damages to help you understand the scope of potential recovery.
Do I need to go to trial, or can we settle?
Most commercial disputes settle before trial. Estimates suggest that a significant portion of litigation cases resolve through settlement rather than trial. Settlement offers advantages including faster resolution, lower costs, confidentiality, and certainty about the outcome. Trial offers different factors: a binding decision from a judge or jury, the ability to appeal if the outcome is unfavorable, and the precedent value of a court decision. We evaluate both options and recommend the approach that aims to achieve your goals. In many cases, we pursue settlement negotiations while remaining prepared for trial.
What should I do if I receive a demand letter or lawsuit?
Act quickly. Most demand letters and lawsuits require a response within a specific timeframe. This is typically 20 to 30 days. Failing to respond can result in a default judgment against you. Preserve evidence by maintaining all documents, emails, text messages, and other communications related to the dispute. Do not destroy or alter any materials. Doing so can result in serious legal consequences. Consult with an attorney to protect your rights and understand your options. Avoid communicating directly with the other party or their attorney without guidance from your own counsel. Statements you make can be used against you later.
How much does commercial litigation cost?
The cost of commercial litigation varies based on several factors. These include the legal issues involved, the amount of discovery required, the number of parties to the dispute, and the volume of documents that must be reviewed. The need for third-party witnesses and the length of trial also affect cost. We discuss fee arrangements upfront. These may include hourly rates, contingency fees, or hybrid arrangements combining hourly fees with contingency elements. We also work to manage costs by focusing discovery on important issues and avoiding unnecessary expenses.
Can Williams Hart & Boundas, LLP handle multi-state commercial disputes?
Yes. Our attorneys are licensed to practice in Texas, Pennsylvania, California, and Missouri. We have experience in federal courts across multiple districts. We have handled cases in the United States Court of Appeals for the Fifth, Ninth, and Eleventh Circuits. This multi-state capability allows us to represent clients in commercial disputes that cross state lines. We can handle cases involving parties located in different jurisdictions. We understand the procedural differences between state and federal courts and can manage the challenges of multi-state litigation.
Get Your Free Commercial Litigation Consultation
A commercial dispute can affect your business or resources. Williams Hart & Boundas, LLP offers a free, no-obligation consultation to evaluate your situation and discuss your options. During your consultation, our lawyers review the facts of your dispute. We explain the legal issues involved and discuss potential strategies. We also explain how we approach fee arrangements.
Commercial disputes are often time-sensitive. Statutes of limitations restrict how long you have to file a claim. Evidence can become harder to obtain as time passes. Responding to a demand letter or lawsuit is important to protecting your rights. Call Williams Hart & Boundas, LLP today at (713) 230-2200 to schedule your free consultation. Our team is ready to help you understand your options and develop a strategy to protect your business interests.