TX STATETexas Supreme Court
2018

Albert G. Hill, Jr. v. Shamoun & Norman, Llp

544 S.W.3d 724Texas Supreme Court • Decided 2018Remanded
FLAGSHIPPay-If-PaidDispute ResolutionCited 108 times

HOLDING

A law firm sued for payment under a contingent-fee agreement that wasn't signed. Texas's highest court ruled the firm could still recover the reasonable value of its work even without a written contract, but the jury's damage award couldn't stand because the expert's opinion relied too heavily on the unenforceable agreement itself. The case was sent back for a new trial on damages. For subcontractors, this means you may have legal options to recover payment for work performed even if your contract isn't fully signed, but you'll need solid evidence of what your services were actually worth.

KEY FINDINGS

Pay-If-Paid

You can pursue payment for services under quantum meruit (reasonable value) even without a signed written agreement, despite Texas's statute of frauds

Dispute Resolution

Your damages expert cannot base their opinion primarily on the unenforceable contract itself—they must independently establish what your work was reasonably worth

FULL COURT OPINION