A Texas-based manufacturer that breached a contract with a sales representative by failing to pay commissions on time, but later paid everything that was due, will still be on the hook for attorney fees, although it escaped the threat of treble damages.

In a ruling about damages and attorney fees under the Texas Sales Representative Act, the Texas Supreme Court on June 7 answered two certified questions from the U.S. Court of Appeals for the Fifth Circuit about the “timing standard” that courts should use to decide the existence and amount of unpaid commissions under the act’s treble damages provision. Another question was whether a plaintiff can recover attorney fees and costs even if it doesn’t receive a treble damages award, and if so, under what conditions.