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AREAS OF PRACTICE
 GENERAL BUSINESS
Elms HarmonMacchia, LLC provides advice on most legal matters involving the client's business. This includes, but is not limited to, setting up the business entity, drafting contracts, lease agreements, deeds, and facilitating the sale of one's business. The Firm also handles issues relating to the internal operations of a variety of business organizations, including corporations, limited partnerships, general partnerships, limited liability companies and limited liability partnerships. These matters include the requirements of holding meetings, issuance of stock certificates, authorization of actions, piercing the corporate veil and contract issues. The Firm also advises on issues relating to liability and fiduciary duties, indemnification and insurance, equity holder's rights, special committees, internal investigations and conflict resolution between equity holders. In connection with these matters we prepare the necessary contracts, including voting rights, employment, non-competition, technology transfer, confidentiality and equity acquisition.
CONSTRUCTION
ElmsHarmonMacchia, LLC handles construction related matters in both litigation and non-litigation contexts. The Firm has a long history in representing owners, contractors, subcontractors, material suppliers and sureties in all aspects of the construction process.
The Firm is involved in negotiating and drafting construction contracts, analyzing and advising on issues such as indemnity provisions and insurance requirements, negotiating and analyzing rights relating to defective or non-conforming work, unforeseen conditions, time extensions, additional compensation, progress and final payments, project close out, warranty claims, retainage and lien claims.
In resolving disputes in a construction context, the Firm has extensive experience in litigation, as well as arbitration and alternative methods of resolving construction disputes. Matters currently handled by the Firm for its clients include claims for defects in construction, defects in design, claims for delay, claims for payment, mechanic's lien claims, payment and performance bond claims, warranty claims and completion claims.
REAL ESTATE
ElmsHarmonMacchia, LLC offers a full range of legal services involving real property. Our clients range from individuals to large publicly held corporations, lenders and partnerships. Our clients include owners, title companies, lenders, investors, brokers, contractors, trustees and others in the real estate industry.
The Firm represents its clients in a variety of business activities related to the acquisition, development, construction, financing, ownership, use, operation and management of real property.
The Firm represents both borrowers and lenders in the negotiations and documentation of all types of transactions, including term loans, working capital loans, construction loans, acquisition loans and various workout, collection and foreclosure efforts related to nonperformance
LITIGATION
ElmsHarmonMacchia, LLC has extensive litigation experience. The Firm handles a broad range of litigation issues including, but not limited to, general business litigation, contracts, construction litigation, real estate (titles, easements, etc.), banking (collections, foreclosures and lender liability), defending preferential transfer actions, DTPA violations, product liability and general negligence). The Firm is involved in all phases of litigation on a daily basis.
CREDITORS' RIGHTS, BANKING, LENDER LIABILITY,
AND COLLECTIONS
The Firm has provided representation in the areas of banking, lender liability, workouts, collections and creditors' rights for the past two decades. The Firm's practice encompasses each of the following areas:
Workouts (commercial)
Collections (commercial and consumer)
Foreclosures (real and personal property)
Loan Documentation (commercial and consumer)
Lender Liability Litigation
Bankruptcy (creditor representation only)
General Consultation
ElmsHarmonMacchia, LLC participates in the Texas Bankers Association, Texas Association of Bank Counsel and the Wintergarden Bankers Association. Members of the Firm present topics at conferences and seminars on legal issues pertinent to the financial industry.
WILLS, TRUSTS & PROBATE
ElmsHarmonMacchia, LLC can advise individual clients on estate planning. The Firm prepares Last Will and Testaments, Trusts, Directive to Physicians and Powers of Attorney. In addition, the Firm handles all aspects of probate.
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Attorneys
Harmon