Fort Worth Building

Construction Law

No matter what the size or scope, construction projects often involve several parties. When problems arise, projects and payment can be jeopardized. We provide representation in contract development, contract performance, warranty issues, bond claims, punch list disputes and construction defects litigation. The firm pursues and defends construction claims for inadequate, inaccurate or insufficient plans, drawings and specifications and claims for non-payment by contractors, subcontractors and vendors. We handle mechanics and materialman’s liens and claims for negligent performance of construction work, including claims alleging damage to property.

We have considerable experience in the handling of construction claims and construction defect cases. Our lawyers have represented general contractors and sub-contractors in a variety of trades, in addition to owners, architects, vendors and other parties involved in numerous construction projects. We have experience with both residential and commercial construction matters. We are also familiar with O.S.H.A. laws and their applicability to a variety of businesses.

Construction litigation requires a working knowledge of the realities of business litigation. We defend contractors and sub-contractors that have been sued, in such types of claims as construction accounts, mechanics liens, injured employee litigation, construction accidents, sub-contractor issues, construction defect cases and a variety of other types of litigation.

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Fort Worth Stockyards

Business Transactions and Organizations

The firm is composed of Fort Worth business lawyers who are experienced with the formation of entities including partnerships and incorporations as well as other business organization issues including buy-sell agreements, non-disclosure, non-compete and employment agreements. Contract drafting and analysis as well as franchise and small business representation are important services provided by the firm.

In recent years, the firm has successfully represented companies in lawsuits involving products liability, business disputes, tortious interference including trademark and copyright, breach of warranty, as well as franchise disagreements and infliction of emotional distress and defamation. Our firm has represented numbers of businesses in traditional negligence cases and understands the intricacies of tort law and reform.

We are well versed in the law relating to Declaratory Judgment actions, Temporary Restraining Orders, Injunctions, and other similar legal devices frequently pursued in business related litigation in Texas courts.

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Fort Worth Train

Subrogation, Collections and Foreign Judgments

Do you need to collect your unpaid debts or overdue accounts quickly and efficiently? We are Fort Worth collections attorneys who are experienced in collecting delinquent accounts and unpaid debts. We provide assistance to our clients in collecting money owed to them due to delinquent invoices, unpaid promissory notes, and judgments, etc. We will relentlessly pursue debtors and reduce the debt to a judgment. Once that judgment is obtained, we will pursue payment by the debtor utilizing all available resources. Our approach includes Abstracts of Judgment, Writs of Garnishment, Motions For Turnover, Writs of Execution, Post-Judgment Depositions and pursuit of property exempt from execution.

The firm has represented numerous businesses and individuals seeking to recover on debts owed, including the drafting of demand letters and filing of lawsuits to collect as needed. The firm has been highly successful in recovering monies owed in its debt collection practice. We are Fort Worth civil trial attorneys who have not forgotten that we are in business to serve our clients.

We are familiar with and frequently utilize the procedures which allow an out of state judgment to be treated as a Texas judgment. Under the Uniform Enforcement of Foreign Judgments Act (UEFJA); Texas Civil Practice & Remedies Code – Chapter 35 Enforcement of Judgments of Other States, we can proceed with collecting out of state judgments under Texas law. This procedure is extremely useful when a debtor does business in Texas, has been located in Texas, or has assets in Texas.

SUBROGATION
Williams, McClure & Parmelee has dedicated itself to maximizing subrogation recoveries on behalf of the insurance industry and other business entities. We are committed to assuring that legally responsible third parties are held accountable. Revenues recovered through a well-managed subrogation and recovery system can greatly enhance the profitability of underwriting and claims underwriting operations for any insurer.
Our attorneys have considerable litigation experience with the following types of subrogation related issues:
• Causes of action under multiple insurance subrogation theories
• Actions on negligence and negligent entrustment theories
• Actions on product liability claims
• Actions on fire claims
• Actions on premises liability claims
• Actions on uninsured motorists claims
• Actions to recover on workers’ compensation liens
• Actions to establish a workers’ compensation insurance carrier’s right to intervene in third party actions
• ERISA subrogation analysis and pursuit
• Actions on Dram Shop theories
• Contributions from coinsurers under other insurance clauses requiring interpretation
• Contributions against joint tortfeasors
• Determination as to measure of damages , including actual cash value (ACV), replacement cost and market value
• Indemnification against subcontractors and other contractual rights enforcement
• Made whole doctrine issues and the like
• Health insurance recovery issues
• Recovery of deductibles and self-insured retention
• Recovery of economic loss, goodwill, lost profits and exemplary damages and attorneys’ fees
• Actions for fraudulent claim payment recovery
• Bond issues
• Waivers of subrogation under construction contracts or lease agreements.
• Actions on construction defects claims

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Fort Worth City

Contracts and Commercial Litigation

Our attorneys possess considerable experience in the trial of contract disputes and the defense and prosecution of commercial and business litigation claims. We have successfully provided legal representation in numerous professional service disputes, trade secrets claims, warranty disputes, employment and franchise contract claims, uniform commercial code claims and other breaches of contract actions.

The firm is experienced with the formation of entities including partnerships and corporations and other business organization issues, including buy-sell agreements, non-disclosure, non-competition and employment agreements. Contract drafting and analysis as well as franchise and small business representation are services also provided by the firm.

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Fort Worth Stockyards 2

Employment Law Defense

Members of the firm are experienced in defending claims and lawsuits brought against businesses and employers. In today’s litigation climate, virtually all businesses or entities will at one time or another encounter claims and suits by current or former employees, or other individuals alleging violations of ever changing state and federal statutes. The attorneys at Williams, McClure & Parmelee have experience defending these types of claims in federal and state court, as well as before administrative agencies. We also have experience in arbitrating these types of matters before the American Arbitration Association.

We assist human resource professionals and businesses in minimizing the risks of harassment and retaliation claims and other labor law violation claims. We are experienced at analyzing company handbooks, policies and job descriptions, as well as assisting in the formulation of strategy for growth, change, or dispute resolution. We also understand the importance of managing litigation and costs in an understandable way. We are experienced at discreetly investigating complex allegations in the work place and conducting legal investigations. We perform investigations of allegations of fraud, wrongful retaliation, employee theft, discrimination, financial irregularities, ethical violations, harassment and whistle blower claims.

The firm works closely with employers and human resources departments in connection with discrimination and harassment claims, EEOC claims, and other employment related matters, including nonsubscriber defense.

We defend claims involving allegations of age discrimination, gender discrimination, race discrimination, national origin discrimination, religious discrimination or failure to provide a religious accommodation, pregnancy discrimination, disability discrimination or failure to reasonably accommodate a disability.

We handle claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Texas Labor Code, including claims brought for wrongful retaliation for filing a workers compensation claim under Section 451.001 of the Texas Labor Code.

We have defended wage claims and actions under the Fair Labor Standards Act and state compensation laws, ERISA claims for benefits and for breach of fiduciary duty, claims arising under leave of absence statutes, including the Family and Medical Leave Act, breach of employment contract lawsuits, including noncompetition agreements, employment tort litigation such as claims for intentional infliction of emotional distress, invasion of privacy, fraud, defamation and negligent hiring.

We have an efficient and cost-effective approach to working with in-house counsel so that employers can rely on receiving consistent, high-quality representation. We tailor our approach to each client’s needs and priorities.

We are also extremely well versed in the current law relating to the enforceability of Non-Competes, Non-Solicitation and Confidentiality Agreements. We are seeing more and more questions arise relating to Non-Competition Agreements, owing in part to the dramatic changes in the law, which have recently taken place in the courts of Texas. We can help you enforce, or attempt to avoid the effects of a Covenant Not to Compete or other related restrictive agreements.

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Fort Worth Cow

Nonsubscriber Defense

We actively defend nonsubscriber employers against employee work place negligence and injury claims. Our services include legal analysis of claims, negotiation, litigation, settlement, advice, claim mediation, trial, arbitration and general defense representation against work place related claims. We have participated in the arbitration of matters before Judicial Workplace Arbitration (JWA), the American Arbitration Association (AAA) and other arbitration forums. We are familiar with ERISA plans and their development and implementation. We can assist employers with complex litigation issues, design and implementation of nonsubscriber insurance programs and Workplace Injury Benefit Plans. The firm is a sponsored Supplier to the Texas Association of Responsible Nonsubscribers (TXANS).

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Fort Worth Rail

Workers’ Compensation Defense

The firm has represented carriers and self-insureds throughout the state before the Texas Department of Insurance Division of Workers’ Compensation (formerly known as the Texas Workers’ Compensation Commission) in countless numbers of Benefit Review Conferences and Contested Case Hearings. Members of the firm have handled hearings in such locations as Fort Worth, Dallas, Denton, Waco, Austin, Abilene, Weslaco, Wichita Falls, Amarillo, Midland/Odessa, Tyler, Mt. Pleasant, Lubbock, San Angelo, Bryan/College Station, Beaumont, Houston, Victoria, Harlingen, Corpus Christi, and San Antonio.

The firm provides representation at all levels of the administrative process including Benefit Review Conferences, Contested Case Hearings and Appeals to the Texas Department of Insurance Division of Workers’ Compensation Appeals Panel in Austin, Texas. The firm has considerable experience trying workers’ compensation lawsuits. The firm has pursued the subrogation rights of workers’ compensation insurers to enforce their statutory liens. We represent numerous insurance companies, self insurers, and other business entities in the area of workers’ compensation defense.

Williams, McClure & Parmelee has for years been tirelessly defending businesses and insurance companies from undue liability after work place injuries. Our lawyers have earned the respect of the legal community for our extensive and comprehensive knowledge in the area of workers’ compensation defense. We provide workers’ compensation representation on behalf of both large and small businesses. Whether the claim is in its initial stage or has progressed through to the appeals process, our lawyers have the skills to aggressively defend any workers’ compensation claim. Our lawyers have defended a variety of different types of workers’ compensation claims including cumulative trauma injuries, occupational disease claims, carpal tunnel injuries, chemical exposure and the like, as well as a variety of other types of claims up to and including death claims.

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Fort Worth Courthouse

Insurance Defense Litigation

Williams, McClure & Parmelee has a team of experienced insurance defense litigators with substantial trial and appellate experience. The firm has developed unique strengths for successfully resolving general liability, property/casualty and other insurance claims. We have litigated a variety of first party and third party actions from automobile accidents, trucking accidents, construction litigation, wrongful death cases, premises liability and products liability cases to subrogation claims, coverage disputes and bad faith claims. Our subrogation representation includes claims brought pursuant to Chapter 417 of the Texas Labor Code as well as automobile subrogation and other insurance recovery representation.

We provide defense and representation to the commercial trucking industry. We are experienced defending claims brought against our transportation industry clients. We are familiar with the Federal Motor Carrier Safety Regulations (FMCSR) and other laws and regulations applicable to the transportation industry.

The firm also possesses experience in handling breach of warranty claims including commercial insurance warranty matters and consumer related insurance disputes. We have litigated a variety of property damage claims, including fire and other casualty losses. The members of the firm have long been devoted to defending insurance companies and their insureds and are experienced in numerous venues throughout the state and offer services statewide. We possess considerable familiarity with the courts throughout the metroplex and surrounding venues.

Our attorneys possess experience in disputes involving insurance coverage, as well as companion deceptive trade practice claims and bad faith claims. Firm members have drafted insurance coverage opinions, and have represented both insurers and insureds in insurance coverage disputes.

Serving the client’s needs, all steps in the litigation process will be organized and developed in a management plan. The firm also recognizes that an important aspect of case management is settlement or resolution without the necessity of litigation, including mediation. If, however, it is in the best interest of the client to proceed to trial, the attorneys of Williams, McClure & Parmelee have experienced substantial success at the courthouse, obtaining numerous favorable verdicts on behalf of our clients.

The firm’s lawyers have been recognized for their proficiency in the trial and defense of personal injury cases involving products liability, negligence, premises liability, and other tort related causes of action. The firm is committed to excellence in trial advocacy and we place a premium on responding to litigation needs with practical and creative solutions.

Early in every case, the firm’s attorneys consult with the clients to develop a comprehensive strategy based on the premise that preparation is the key to achieving a successful result. We interview witnesses, go to accident scenes if necessary, and after a thorough investigation, we will provide a timely and honest evaluation of liability and damages prospects. We go to great lengths to make sure that our clients have the information to be able to make well informed decisions about whether to settle or try cases, and once the client decides on a course of action, we will focus our energies and resources on achieving desired goals.

Our insurance litigation practice includes property and casualty defense, construction accidents, trucking liability, premises liability, products liability and consumer litigation as well as employer liability claims. The mission of our firm is to apply a tactical, team oriented strategy to defending the interests of the firm’s valued clients. We employ an aggressive, thoughtful approach to utilize every possible resource to maximize the strength of the defense of the client. Importantly, our lawyers and support staff understand the need to achieve a client’s litigation objectives in a cost effective and efficient manner.

SUBROGATION
Williams, McClure & Parmelee has dedicated itself to maximizing subrogation recoveries on behalf of the insurance industry and other business entities. We are committed to assuring that legally responsible third parties are held accountable. Revenues recovered through a well-managed subrogation and recovery system can greatly enhance the profitability of underwriting and claims underwriting operations for any insurer.
Our attorneys have considerable litigation experience with the following types of subrogation related issues:
• Causes of action under multiple insurance subrogation theories
• Actions on negligence and negligent entrustment theories
• Actions on product liability claims
• Actions on fire claims
• Actions on premises liability claims
• Actions on uninsured motorists claims
• Actions to recover on workers’ compensation liens
• Actions to establish a workers’ compensation insurance carrier’s right to intervene in third party actions
• ERISA subrogation analysis and pursuit
• Actions on Dram Shop theories
• Contributions from coinsurers under other insurance clauses requiring interpretation
• Contributions against joint tortfeasors
• Determination as to measure of damages , including actual cash value (ACV), replacement cost and market value
• Indemnification against subcontractors and other contractual rights enforcement
• Made whole doctrine issues and the like
• Health insurance recovery issues
• Recovery of deductibles and self-insured retention
• Recovery of economic loss, goodwill, lost profits and exemplary damages and attorneys’ fees
• Actions for fraudulent claim payment recovery
• Bond issues
• Waivers of subrogation under construction contracts or lease agreements.
• Actions on construction defects claims
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