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Texas contract dispute may go to bench trial

As many companies struggle to make ends meet in these difficult times, it has become all the more important to enforce contractual obligations. Unfortunately, breach of contract disputes are all too common, especially when one company has already performed its obligations in good faith. One such dispute is currently making its way through the Texas court system.

LSJ Trucking sued Boyette Construction this past June, alleging that Boyette failed to pay for a load of dirt that LSJ delivered in November 2008. The dirt was for a construction project at the West Orange-Cove Independent School District elementary school in Orange, Texas. LSJ claims it sent Boyette invoices totaling $48,487 for services, but LSJ has yet to receive payment.

Thus far, the court process has not progressed very far. On Aug. 22, an attorney for LSJ requested that the case be filed on the first available non-jury docket, and there has been no further action in the case record since then. If the request is accepted, then a bench trial would commence, meaning that the case would be decided by a judge rather than a jury.

The lack of action in the case record since August is not surprising, however. Breach of contract disputes can take a while to resolve, as attorneys for both sides serve motions such as discovery requests to the other side. The court also needs time to get its own affairs in order. Nonetheless, the contract dispute will eventually be settled by the court, and both sides would do well to remain diligent so as to secure an equitable result.

Source: setexasrecord.com, "Bench trial requested in breach of contract suit," David Yates, Nov. 17, 2011

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