Marcum PC Law Firm

Houston Office
1 Greenway Plaza, Suite 100
Houston, TX 77046

Dallas Office
13155 Noel Rd., Suite 900
Dallas, TX 75240

Call For A Consultation

Houston Office: (713) 714-0073

Dallas Office: (972) 600-2750

Marcum PC Law Firm

General liability defense is a term that describes a situation where an individual, business, or major corporation is sued by a third-party alleging that they are liable for harm whether it’s in tort or contract. Typically, the companies that come to me have a general liability insurance policy that entitles them to a defense, and either I am on the panel counsel for defense of that insurance company, or that policy has a provision that allows the insured to select their defense counsel. Many times, we work out an agreement that the insurance company gets comfortable with and handle the case through resolution.

Usually, it’s going to be corporations that have a general liability policy. Whether it’s a major corporation or a medium sized corporation, a company that has a general liability policy may have an employee who has been involved in a traffic accident or industrial accident, and that employee is sued for some action that they took or didn’t take under a theory of negligence as well as gross negligence. There could also be a breach of contract situation where a company needs a defense, but it may be outside of the scope of some insurance policies.

Can You Advise A Client On Lawsuit Prevention? What Does That Look Like?

I can advise a client on lawsuit prevention. Typically, that means that I have developed a relationship with the company over time, they’ve gotten to know me, and I’ve been able to go to their site to conduct a seminar or two, in which we’ve discussed ways to manage risk and mitigate exposure to liability that could lead to a lawsuit. Preventing a lawsuit many times comes with education and knowledge about how to manage, avoid, and mitigate risk. Sometimes, it means a change in operation, a change in procedures, or just a change in thinking within an organization or individuals.

What Can Someone Do If A Contractor Fails To Perform?

If you’re on the owner’s side of the lawsuit or the plaintiff’s side, you’re contending that either the general contractor or a subcontractor failed to perform or install their scope of work properly. Many times, this is apparent when it comes to water intrusion, but it can be other aspects of the construction, not just the plumbing, piping, and water drainage. It can also be the electrical systems, the glass curtain wall systems, installation systems, foundation components, or the cladding of the building itself. Furthermore, almost any aspect of a commercial building can be the subject of a construction defect because mistakes can be made by craftsmen and workers as they install building components. It can be the foundation work, the steel framework, the plumbing, air conditioning, heating and ventilation systems, the roofing systems, the glass panel systems, or the cladding on the outside of the building. Then there’s also the electrical components on the inside that can be subject to defects in the right situation.

What Is Condition Of Contract In Construction?

A condition of contract is regarded as the portion of the building that a construction contractor or subcontractor is responsible to perform. Much of their scope of work, and the way in which they perform it or leave it, is the condition of the building. Once they’ve completed their scope, instances occur when disruptions in building schedules manifest themselves and subcontractors fail to finish their scope. An owner or general contractor may invoke a clause of the contract allowing them to suspend work by a subcontractor, and then pay someone else to finish that scope of work. Thus, the condition of the building or the condition of the contract performance at the time becomes a very important issue, and that’s an issue that gets litigated because almost always both sides will have a disagreement on percentage of completion of the scope of work.

For more information on General Liability Defense In Texas, a consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 714-0073 today.

Marcum PC Law Firm

We Offer Free Consultation For
IP Infringement And Plaintiff Personal Injury Cases
Call For A Consultation (713) 714-0073