dallas-laperouse-office

Setting Your Lawyer Up for Success: The Initial Consult

Thu, 02 Apr 2026 22:35:26 GMT

Picture this: You own a small business. Everything is going well until one day, it doesn’t. A couple of months go by, and the dreaded event occurs: your company has been served with a lawsuit. Now the timer truly begins, and you have twenty days to answer the suit.

You call up a friend in your industry, and they recommend an attorney that they used in a similar situation. You call the attorney and set up a meeting for the following day. What do you need to bring to that first meeting in order to set your lawyer (and your company) up for success?

What Documents and Information Will Your Attorney Need?

For that initial meeting, your lawyer will want to know all the surrounding facts and circumstances that led to the suit. That means, in a contract dispute suit , for example, the facts and circumstances regarding the contract, the work performed, any communications regarding the work, and what led up to the alleged breach.

The original petition naming your business in the suit, a brief summary of your company and what you do, as well as the same for the company that is suing you, a timeline of events, the original contract, any communications (emails, text messages, letters) between the two contracting parties and any other relevant parties during the contract time period, invoices, pay stubs, and first hand accounts are useful tools for your lawyer to analyze all the facts.

It can be a daunting task to gather all this information together. If you are unsure if an item is relevant to the suit, but it relates to the matter, it is better to overshare than not turn that item over to your attorney. Your attorney will determine the item’s relevancy.

What Happens After Your Initial Consultation?

Additionally, after that first consultation , the lawyer will run a conflict check against your company and the company suing you. This is to see if any conflicts arise out of representing you or being adverse to the other company.

Lawyers are governed by a code of ethics, and this is an essential task to make sure those ethics are being followed. Also, be prepared to sign an engagement letter with your attorney and, in some cases, pay a retainer fee.

Make sure to look over this engagement letter, note the attorney’s hourly rates, billing schedule, and any other items of note in the letter. Sign and return the engagement letter and, if needed, pay the retainer fee as soon as practicable.

How Can You Get the Most Out of Your Attorney Consultation?

Ultimately, the takeaway is this: being sued is difficult and stressful, but your lawyer is there to make the process as painless and efficient as possible. In order to do that, you have to set them up for that success, and it all starts at the initial consult.

Be thorough with your facts surrounding the matter and turn over all documents: a contract, communications between the parties, invoices, pay stubs, and any other documents (your lawyer can determine the documents’ relevancy).

Additionally, your lawyer is your friend : be up front and honest with them, even if it paints you in a bad light. If you do those things, your lawyer will be prepared from the beginning to start the process on the right foot.

Employee or Independent Contractor? What Every Business Needs to Know

Thu, 05 Mar 2026 13:02:02 GMT

Many business owners believe the only difference between an employee and an independent contractor is paperwork, such as W-2 or 1099 forms. Misclassifying a worker exposes businesses to serious legal and financial consequences, including back taxes, unpaid wages and benefits, workers’ compensation claims, and lawsuits. One critical point is that the business and a worker cannot simply agree to call the worker an “independent contractor” just because it is convenient. The law looks at the actual working relationship to determine how a worker should be classified.

Knowing which classification, a worker falls into depends on several factors, including the industry of the employer. One of the most important questions for classification is “how much control does the business have over how the work gets done?”

An employer controls the work of an employee, and a business hires an independent contractor. The business owner defines the result, while the independent contractor decides how to get there.

The chart below breaks down the key factors that courts and agencies look at:

Written Construction Contracts: How Contractors Can Avoid Costly Disputes

Tue, 27 Jan 2026 22:53:19 GMT

Many contractors and subcontractors often avoid or ignore making sure to get their agreements in writing, especially if the job is of a short duration or the price is low or fluid. But whether the agreement is in writing or oral, the agreement to do the work is still a “contract,” which, in effect, is the LAW between the parties for that transaction. Unless there is a writing to memorialize the understandings between the parties to agreement, the contractor is opening itself up to possible uncertainties and a lack of protection in the event a dispute arises.

What Common Disputes Arise Without Written Construction Contracts?

Often times, a contractor finds itself in a case of “he said, she said” when it comes to things like, for example, (1) payment terms; (2) scope of the work; (3) insurance protections and/or (4) duration of the project. Parties to a verbal agreement often develop fuzzy memories when a dispute arises and there is nothing spelling out precisely what had been agreed to. For that reason, it is important for contractors and subcontractors, whether the job is large or small, or lump sum or time and materials, to get their agreements in writing.

What Can Go Wrong Without a Written Pre-Construction Agreement?

A recent example that Laperouse law firm was involved in related to a contractor performing a lot of “pre-construction services” in obtaining subcontractor bids and material pricing costs, issuing a construction budget, and then contacting various design professionals, subcontractors and vendors. The owner had verbally agreed to compensate the contractor for such costs but ultimately decided that the project was too expensive and cancelled it. When the contractor requested reimbursement for all the time and expenses incurred in handling the preconstruction activities, the owner balked at paying anything. Had there been a written memorialization of the agreement to compensate the contractor for such services, the dispute might have resolved itself a lot earlier.

How Do Written Construction Contracts Protect Contractors and Subcontractors?

No matter the size of the project, or the situation that it involves, our law firm routinely assists our clients with construction contract drafting , reviewing contract and subcontract forms, and assisting our clients in negotiating fair and consistent terms. Regardless of whether you seek the services of a qualified attorney to assist you in drafting your contract terms , it is important for a contractor to consider the risks in not getting its contract or subcontract in writing.

Chelsea Milam Joins Laperouse Kennedy, PC in Dallas

Wed, 11 Dec 2024 22:57:39 GMT

Laperouse Law is excited to announce that attorney Chelsea Milam has joined the firm’s Dallas offic e , Laperouse Kennedy, PC.

Chelsea has extensive experience in commercial litigation, and joins the firm’s construction law team. Chelsea earned her law degree from Penn State Law in 2018, where she served as Senior Editor for the Penn State Law Journal of International Affairs.

Welcome to our team Chelsea!

Dallas Office Celebrates Expansion into New Space

Tue, 23 Apr 2024 18:22:43 GMT

We are excited to celebrate the expansion of our Dallas location! Since the Dallas office (Laperouse Kennedy, PC) opened in January 2022, the firm has been growing its team of attorneys and has also added an employment law practice to complement its existing construction law group. Our new offices will allow the firm to continue to grow to meet client needs. We look forward to welcoming you to our new space!

Our new address is:

5220 Spring Valley Rd., Suite 250

Dallas, Texas 75254

About Laperouse Law

Laperouse Law is a construction and commercial law firm serving both Texas and Louisiana. The Baton Rouge office (Laperouse Patin, LLC) was founded by Ted Laperouse in 2018, and the Dallas office (Laperouse Kennedy, PC) was opened by Ted and Jason Kennedy in 2022. Ted and Jason have a combined 50 years of experience in construction law.

The firm understands the unique and often complex challenges construction presents, and we assist clients in meeting those challenges. We help clients avoid and resolve disputes when possible, but also take pride in our record of success at the courthouse. Whatever our client’s needs, whether contract drafting and negotiation, lien and bond claims, delay or inefficiency claims, construction and design defect issues, bid disputes, breach of contract issues, corporate matters, purchase and sale agreements, legislative drafting, employment matters, or OSHA violations, we have the experience and knowledge to accomplish the client’s objectives.

Christine Neill and Patricia Griffith Join Dallas Office

Tue, 02 Jan 2024 23:11:58 GMT

Laperouse Law is excited to announce that attorneys Christine Neill and Patricia Griffith have joined the firm’s Dallas office, Laperouse Kennedy, PC.

Christine will start and lead the firm’s employment law practice. She is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, and has over twenty-five years’ experience advising and litigating on behalf of clients in employment matters in Dallas and throughout the state of Texas.

Christine has devoted her career to the practice of employment law, most recently having served as named and managing partner of a Dallas employment law boutique firm for fifteen years. Christine will focus her practice on representing and advising clients in employment matters, including contracts; employment agreements; non-compete, commission and bonus claims; wage and hour (FLSA) claims; federal and state statutory discrimination claims under Title VII, ADA, ADEA, FMLA and 42 U.S.C. § 1981; Texas Commission on Human Rights Act (TCHRA) claims; immigration; OSHA; Equal Employment Opportunity and other employer policies and investigations.

Patricia has extensive experience in commercial litigation and commercial real estate transactions. She will focus her practice on advising and representing clients primarily in mechanic’s lien and bond claims, construction and design defect claims, breach of contract/breach of warranty claims, and project delay and inefficiency claims. Patricia graduated from the Texas Tech University School of Law in 2017, and also holds a Masters of Business Administration in Business Energy from the University of Texas Permian Basin.

Welcome to the team, Christine and Patricia!

The 2022 Changes To The Texas Mechanic's Lien Statute

Fri, 29 Apr 2022 15:32:08 GMT

House Bill 2237

House Bill 2237 , which the Texas Legislature passed in 2021, changes the way mechanic’s liens and bond claims are perfected on private projects in Texas. However, the new law only applies to projects where the prime contract was executed on or after January 1, 2022. Projects where the prime contract was executed before January 1, 2022 are still governed by prior law, and lien and bond claims will continue to be perfected the same way as before on those projects. The bill also only applies to private construction projects; it did not make any changes to the statutes that govern bond claims on public projects.

What's New with the Mechanic's Lien Statute

The second month notice and specially fabricated materials notice have been eliminated

Under prior law, in addition to a third-month notice letter (discussed below), claimants who do not have a contract with the prime contractor are required to send a second month notice letter (due by the 15th day of the second month after the labor was performed or materials were furnished). In addition, a special second month notice letter is required to perfect a lien or bond claim for specially fabricated materials that for one reason or another were never delivered to the job site. Both notices have been eliminated and by virtue of the amended statute a claimant is only required to send the third-month trapping notice to preserve a claim for progress payments. (additional notice is still required for retainage).

Statutory form now required for third-month notice for unpaid progress payments

A claimant other than an original contractor must still send a third-month notice letter (due by the 15th day of the third month after the labor was performed or materials were furnished) for each month for which labor or materials are unpaid. However, the new law requires that a statutory form be used. The form may be found in Texas Property Code Section 53.056(a-2).

Statutory form now required for retainage notice letters

A claimant other than an original contractor is also still required under the new law to send a notice letter to preserve a lien or claim for the retainage withheld from the claimant. And the deadline to send that notice is still the earlier of (1) the 30th day after the date the claimant ’s contract is completed , terminated, or abandoned; or (2) the 30th day after the date the original contract is terminated or abandoned. However, the new law requires that a statutory form be used. The form may be found in Texas Property Code Section 53.057(a-2).

Providing a statutory form for claimants to use can be beneficial. However, the language of this particular form is problematic. Instead of simply requiring that the claimant give the owner notice of the existence of a retainage provision in its subcontract, under the new law the “notice” has been changed to a “claim for unpaid retainage,” and the claimant must insert the amount of the unpaid retainage in the claim form.

Further, the form contains a “warning” that “the Owner’s property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.” But the owner should already be withholding 10% retainage from the original contractor as mandated by the statute. So, the warning language could cause some concern and confusion on the part of owners, which could lead to delays in payment or withholding of additional funds by the owner.

The time to file a lien for unpaid retainage has been shortened

Under the old law the deadline to file a lien for retainage is the 15th day of the 4th month after completion of all work under the original contract. The new law shortens that deadline to the 15th day of the 3rd month after completion of all work under the original contract.

The time to file suit to foreclose a mechanic’s lien has been shortened

The prior statute provided that suits to foreclose a mechanic’s lien had to be filed within two years after the claimant’s deadline to file the lien (unless a payment bond was on file before the filing of the lien). The new statute reduces that period to one year.

Deadlines extended for weekends and holidays

If a notice letter or lien filing deadline falls on a weekend or a legal holiday, the new law extends the deadline to the next day that is not a weekend day or legal holiday.

FedEx and UPS delivery now permitted

FedEx, UPS, and any other “traceable” service “that can confirm proof of receipt” may now be used to send any notice required by the statute. Under prior law, all notices have to be sent by registered or certified mail.

IMPORTANT REMINDER: All of the changes in the law discussed above apply ONLY on projects where the prime contract was executed on or after January 1, 2022. Projects where the prime contract was executed prior to January 1, 2022 are still governed by prior law, and lien and bond claims will continue to be perfected the same way as before on those projects.

Laperouse Law Opens Dallas Office

Wed, 02 Mar 2022 16:53:47 GMT

The unique needs of clients in the construction industry and commercial arena require a special level of legal expertise, skill, and experience. For many years, Laperouse Law has provided these distinct services to clients throughout the state of Louisiana. Now, we are proud to announce that clients in Texas will also be able to rely on the construction and commercial law capabilities of Laperouse Law with the opening of a new office in Dallas.

Laperouse Law is pleased to welcome Jason R. Kennedy to the firm to manage the Dallas office. Jason has practiced construction law in the Dallas-Fort Worth area for more than 20 years and is board certified in construction law by the Texas Board of Legal Specialization. Ted Laperouse , founding member of the firm, is also licensed in Texas and will aid in the representation of clients from the Dallas location. Combined, Jason and Ted have more than 40 years of experience representing the construction industry.

The new office is located at 5220 Spring Valley Rd., Suite 615, Dallas, Texas 75254. Learn more at www.laperouselaw.com .

About Laperouse Law

Laperouse Law was founded in 2018 by Ted Laperouse after 20 years at a “big law firm.” Ted’s goal to provide specialized services to construction and commercial law clients through a smaller, more efficient and knowledgeable firm has proven beneficial to countless businesses. Today, the firm has five attorneys in its Baton Rouge location and recently welcomed Jason Kennedy to lead its new Dallas location.