Song Whiddon, PLLCSong Whiddon, PLLC2026-10-07T13:19:57Zhttps://www.songwhiddon.com/feed/atom/WordPress/wp-content/uploads/sites/1103531/2023/12/cropped-site-icon-32x32.pngOn Behalf of Song Whiddon, PLLC<![CDATA[Zoning changes and legal nonconforming use]]>https://www.songwhiddon.com/?p=486352026-10-07T13:19:57Z2026-10-07T13:19:57ZWhat does the law say?
Specifically, municipal zoning law states that anyone “using a property in a manner considered to be a nonconforming use as a result of the adoption of or change to a zoning regulation or boundary may continue to use the property in the same manner unless required by a municipality to stop the nonconforming use of the property.”
Under Texas law, business owners are considered to have “vested rights” if they were operating a business legally under previous zoning laws. That means they must be given time and/or compensation to relocate.
Businesses that sell liquor, tobacco, CBD and vaping products as well as adult entertainment venues and gaming arcades are among those most commonly affected by zoning ordinances – especially those mandating a specified distance from schools and houses of worship. Still other zoning ordinances may not allow anyone to openly run any business from their home.
Know your rights
The “nonconforming use” period likely won’t last indefinitely. Depending on how the zoning code reads, you may be allowed to continue operating at your current location – for example, enough time to recoup the investment you’ve made in the property. The law requires that if a municipality wants a business out sooner than that, they typically have to compensate the owner the cost of closing the business (including any time left on the lease) and relocating.
If a zoning change is going to affect your business, you need to know your rights so that you can protect your business. It’s wise to get experienced legal guidance as early as possible as a result.]]>On Behalf of Song Whiddon, PLLC<![CDATA[5 common permit mistakes that delay commercial projects ]]>https://www.songwhiddon.com/?p=486332026-09-24T14:38:47Z2026-09-24T14:38:47ZAssuming the property allows your planned use
A building that once housed a store may need separate approval before you use it as a restaurant. Check its permitted uses and any limits on parking or operating hours. If your plan requires a zoning change, account for that process before setting an opening date.
Overlooking restrictions on the site itself
Even when officials allow your intended use, the lot may limit where you can build. An old drawing might fail to show a utility easement, a drainage area or a required distance from the property line. A current survey can reveal conflicts while you can still adjust the layout.
Treating every location’s rules as the same
Requirements can change across city limits and between properties. A nearby municipality may use a different review process, while private deed restrictions could limit your plans. Confirm the public rules and private limits that apply to your site.
Those property checks can help refine the drawings your team submits. The next two mistakes arise when the submitted drawings are incomplete or later change.
Filing before the plans are complete
Submitting drawings to enter the review queue can backfire if details are missing or conflict. For example, a site plan might show one entrance in a different place than the building drawings. Have your architect and engineers compare their plans and check application requirements before filing.
In Texas, covered projects with an estimated construction cost of $50,000 or more generally require registration and construction documents for accessibility review. Nonetheless, smaller projects may still have to meet accessibility standards.
Revising plans after submitting them
A larger kitchen or relocated entrance may seem useful, but either change could affect drawings already under review. Discuss major revisions with your team, then check whether officials need updated plans or another review.
Why you may benefit from early preparation
Checking the property and application requirements early can reveal obstacles before they disrupt construction. Doing so may also help you set an opening date that accounts for permit review and possible revisions.
Some approvals might involve planning staff, a city council or a homeowners association. An attorney can review land use and purchase issues, address objections and communicate with those groups when their decisions affect your project.]]>On Behalf of Song Whiddon, PLLC<![CDATA[How change orders trigger construction disputes]]>https://www.songwhiddon.com/?p=486282026-09-19T14:46:55Z2026-09-19T14:46:55ZConstruction projects rarely fall apart because of one mistake. Often, litigation begins with a seemingly minor issue that is assumed not to matter, only to cause a huge problem. One of the most frequently overlooked areas is change order requirements.
A contractor may discover unexpected site conditions, while an owner may request additional work after the original agreement is signed. If the parties handle those changes informally through phone calls, text messages or verbal promises, disagreements can arise over whether the additional work was actually authorized and who should pay for it.
Why change orders cause litigation
A change order creates a record of how the parties agreed to modify the original construction contract. Depending on the contract, it may identify changes to the scope of work, price, materials or completion date.Problems can arise when parties proceed without following the contract's required procedure. For example, a contractor might perform extra work after receiving a verbal instruction from the property owner. The owner may later argue that the work was included in the original price or that the person giving the instruction had no authority to approve additional costs.Written change orders can help prevent this uncertainty. They should clearly describe what is changing and, where applicable, identify the additional cost and effect on the project schedule. Contractors should also review notice provisions because some agreements require written notice of a claim within a specific period. Ignoring these requirements can turn a manageable construction disagreement into expensive litigation. Before making changes to the work, both parties should understand what their contract requires and document the agreement accordingly.A legal professional with experience in construction law can help parties understand their contractual obligations, comply with notice requirements and address potential disputes before they escalate into costly litigation. ]]>On Behalf of Song Whiddon, PLLC<![CDATA[3 potentially valuable vendor contract inclusions]]>https://www.songwhiddon.com/?p=486262026-09-16T15:03:26Z2026-09-16T15:03:26Z1. Communications standards
The contract could include provisions requiring a specific amount of advance notice in cases where vendors want to make price adjustments or when they are unable to make deliveries as scheduled. Requiring communication makes it easier for the client organization to make alternate arrangements as necessary when a vendor cannot consistently fulfill their contractual obligations.
2. Restrictive covenants
Vendors often have access to non-public information about how a company operates. As such, they could monetize that nonpublic information or take steps to compete unfairly against a client. Restrictive covenants that prohibit the solicitation of employees or clients, the disclosure of trade secrets or direct competition can be helpful.
3. Clauses imposing consequences
In some cases, contracts may include provisions that impose a financial penalty for late deliveries, payment delays or other breaches of the original agreement. When there is a financial consequence to failing to fulfill the agreement, a vendor may be more fastidious about fulfilling all obligations promptly.
Depending on the nature of the business at issue, the prior relationship with a vendor and other details about a particular situation, there may be other contract inclusions that could prove helpful when taking out a new vendor or adjusting arrangements with an existing vendor. Working with an experienced business law lawyer can help company leadership craft contracts that promote stability and limit organizational exposure accordingly.]]>On Behalf of Song Whiddon, PLLC<![CDATA[Drivers shouldn’t ever try to multitask]]>https://www.songwhiddon.com/?p=486182026-09-03T13:49:52Z2026-09-03T13:49:52Zdistracted driving. Some may think of only cellphones as a culprit, but there are many others to consider.
What is distracted driving?
Distracted driving occurs when a driver takes their mind, hands and/or eyes off their driving duties. Some distractions lead to only one of these happening at once, but most involve more than one. For example, sending a text message requires a driver to think of what they want to say, grab the phone, and look at the message they’re sending.
Even some of the actions that drivers do on a regular basis are distracting. Changing the station on the stereo, looking at billboards on the side of the road, grabbing a sip of a drink, reaching for a purse, or talking to another occupant of the vehicle are all possible distractions.
Why is distracted driving dangerous?
Distracted driving is dangerous because it negatively impacts a driver’s ability to safely operate their vehicle. Even a minor distraction can lead to a tragic crash. If a driver is distracted for five seconds, their vehicle can travel the length of a standard football field if the vehicle is moving at 55 miles per hour. That distance is plenty of time for a distracted driver to cause a crash.
Distracted driving crashes can injure innocent parties. Those victims may need emergency medical care, and they may have significant injuries. Seeking compensation through a personal injury claim is possible, but the time to do this is limited. Working with a legal professional who is familiar with these matters is critical so they can provide necessary assistance with a victim’s case.]]>On Behalf of Song Whiddon, PLLC<![CDATA[Can a property owner challenge a zoning violation?]]>https://www.songwhiddon.com/?p=486162026-08-19T15:33:33Z2026-08-19T15:33:33ZThe zoning rule does not apply to your property
A zoning violation may be incorrect if the rule cited in the notice does not actually govern your property or the activity taking place there. Your property's zoning district determines which regulations apply, and different districts can have different requirements for how you can use or develop your property.
For example, a notice may claim that a particular use is prohibited when the zoning regulations actually allow that use in your district.
Your property already has zoning approval
An existing zoning approval may give you permission to do something that the general zoning rules would otherwise prohibit. If you previously received a variance, special permit or other approval, that approval may change how the zoning requirements apply to your property.
Before assuming you violated a rule, check whether an existing approval already permits the use or development described in the notice.
The violation is based on incorrect facts
A zoning violation can also be challenged when the facts behind the notice are wrong. The authority may have misunderstood how you use the property, relied on an incorrect measurement or otherwise based the violation on information that does not accurately describe your property.
If the alleged violation depends on those facts, correcting them may change whether a violation exists.
Review the violation before taking action
Start by reviewing the violation notice, the zoning provision it cites and any approvals affecting your property. If you are unsure whether the violation has a valid basis, getting legal guidance can help you understand your options before deciding how to respond. Taking the time to understand the issue first can help you avoid acting on an incorrect assumption.]]>On Behalf of Song Whiddon, PLLC<![CDATA[Factors to consider before signing a commercial lease]]>https://www.songwhiddon.com/?p=486142026-08-10T17:09:04Z2026-08-10T17:09:04Zcommercial lease can shape how a business functions for years. Because of this, it’s critical to think about the lease terms if you’re trying to decide if you’re going to sign a lease for your company. Even if the terms of a lease are favorable, there are other things to consider before you sign it.
Permitted use
Commercial leases often feature provisions regarding the types of activities that can happen on the property at issue. You should think about how these terms may limit your company. As you’re thinking about this, consider several years in the future and how your business might need to expand or transform by then.
Additionally, you’ll want to make sure that a space accommodates your customers effectively. Parking is one example of what you need to consider when it comes to ease of access for customers. You’ll also need to think about other things that will matter to your customers. For example, if you’re thinking of renting a space in a multistory building, you should find out if there’s an option for a person with mobility limitations to get to the space. Additionally, consider allowable operating hours to ensure you’ll be able to open your company during the hours you intend.
If everything checks out with the space you may decide to move forward with a particular commercial lease. Reviewing the lease with a skilled legal team is the next step in the process. Having someone on your side to review the terms of the lease can help you to protect your company’s interests now and well into the future.]]>On Behalf of Song Whiddon, PLLC<![CDATA[When a lack of labor leads to construction delays]]>https://www.songwhiddon.com/?p=486122026-07-31T12:30:55Z2026-07-31T12:30:55ZDelays may not be predictable
Labor shortages continue to be a bottleneck in the construction sector. It can be difficult to hire short-term labor, especially during high-demand seasons.
The contract terms negotiated with clients may need to reflect the challenges of securing labor. Including provisions that explain there could be delays in the project and establishing standards for communication about any expected delays can reduce the likelihood of staffing issues leading to lawsuits and other project complications.
If clients do file lawsuits due to the practical and financial consequences of construction delays, business leaders and construction professionals may need support responding effectively in court to limit the risk of an unfavorable ruling.
Construction professionals and business owners need support to minimize their financial and legal exposure when taking on new projects. Having support while drafting construction contracts and navigating project disputes can prove to be critical for success in a highly competitive sector.]]>On Behalf of Song Whiddon, PLLC<![CDATA[Fatal accident rates are higher on rural roads]]>https://www.songwhiddon.com/?p=486102026-07-17T13:39:27Z2026-07-17T13:39:27ZPeople often think nostalgically about a tranquil drive down a rural road, looking at the beautiful landscape. It does not sound dangerous and may even sound alluring, especially for someone who rides a motorcycle. Rural roads feel much more peaceful than the chaotic designs of busy city streets.
But if you look just at fatal accident rates, the Centers for Disease Control and Prevention indicates that the rate is three to 10 times higher on rural roads than it is on city streets. This shows that, despite the way it feels to drive on them, rural roads actually carry far greater risks.
2 key reasons
There are many potential reasons why this happens, but one important one to keep in mind is simply the presence of higher speed limits. Many rural roads have speed limits set at 55 miles an hour, for example, while city streets may have limits between 25 and 45 mph.If two identical accidents happened, but one was at 25 miles an hour, and the other was at 55 mph, fatalities would be much more likely in the accident at higher speeds.The second thing to note is that many accidents in the city happen relatively close to a major hospital. EMTs can be on the scene in minutes, and a person can get emergency treatment.On some rural roads, however, the closest hospital may be an hour away. There can be a significant delay in how quickly emergency responders get to the scene, and another delay in transporting any injured victims. This makes it more likely that people will pass away from their injuries.
Your options after an accident
You can certainly suffer serious injuries in an accident on any type of road, but it is important to know about the risks that you face every time you drive. If you are injured due to another person's negligence, then you need to know how to seek compensation for medical bills, lost wages and other damages.
]]>On Behalf of Song Whiddon, PLLC<![CDATA[What should you do if an uninsured driver hits you in Texas?]]>https://www.songwhiddon.com/?p=486082026-07-13T15:46:44Z2026-07-13T15:46:44ZLegal protections in Texas
In Texas, all drivers must carry minimum liability insurance in case of accidents. You might know it as the 30/60/25 rule:
$30,000 for bodily injury per person
$60,000 for bodily injury per accident
$25,000 for property damage per accident
Liability insurance is meant to protect you in most instances. But sometimes, reality may be more challenging. Texas has an ongoing problem with uninsured motorists who make recovering damages difficult. 12% of the state’s registered vehicles are uninsured—that means 1 in 8 Texas drivers has no liability insurance.
It is illegal for drivers to not carry insurance. However, even with fines and license suspensions for repeat offenders, many slip through the cracks. It may be wise to have other protections in place for worst-case scenarios.
Personal protections and coverage
The Texas Insurance Code has specific provisions that protect you from uninsured motorists. Every auto insurer must offer coverage that includes them in their liability policies. With uninsured and underinsured motorist coverage (UM/UIM), you now have frontline financial protections when at-fault drivers cannot repay.
You have the option to refuse this type of coverage in writing. However, UM/UIM policies may help you in case of the unexpected. UIM policies may apply even when the at-fault driver carries coverage, but that coverage is not enough to fully compensate you.
Is suing the driver worth it?
The answer: it depends. It is possible to sue a driver in Texas to cover damages. Whether a lawsuit is worth pursuing depends on the at-fault driver’s financial situation. Without any assets or resources, the time-consuming and expensive court process may not benefit you in the long run. Most uninsured drivers do not have the financial capability to honor a court decision.
Before taking steps to recover damages for a car accident, you might want to assess and evaluate the situation. Pursuing one pathway can lead to complex legal processes that may be more costly and difficult than expected. A competent legal professional may help you navigate situations involving uninsured motorists more smoothly.]]>