Travis County Jury Awards $151,000 in Commissions to Roofing Salesmen Whose Employer Withheld Their Earned Pay
Won by Shaw Cowart.
A Travis County jury sided with two commission-paid roofing salesmen who sued their employer for unpaid commissions, awarding them a combined $151,210.61 in damages plus attorney's fees and a share of future project proceeds; the Texas Third Court of Appeals later affirmed the judgment while modifying the attorney's fee award, and enforcement ultimately required a court-appointed receiver.
What happened
Chase Garner and Richard Weston worked as commission-paid sales representatives for CCR Roofing, LLC and its affiliated entity CCR Commercial Roofing, LLC, an Austin-area roofing contractor. Their pay was calculated as a percentage of the profit on the roofing jobs they sold. After Hurricane Harvey, the two men sold two large Rockport-area projects, but when the company declined to pay the commissions they said they had earned, they sued under Cause No. D-1-GN-20-003696 in the 53rd District Court of Travis County, Judge Laurie Eiserloh presiding.
Shaw Cowart attorneys John P. Cowart and Ethan L. Shaw represented Garner and Weston at trial. The central dispute turned on how each project's profit was calculated: the company argued it could deduct a 10% overhead charge and its litigation costs of collecting from the general contractor before any commission was owed, which the salesmen disputed. The case went to a jury.
The jury found that CCR Roofing had failed to comply with its commission agreements (though it found no breach by the affiliated CCR Commercial Roofing). Consistent with the verdict, the trial court awarded Garner $83,554.37 and Weston $67,656.24 in damages, a combined $151,210.61, plus $30,000 in attorney's fees to each man and a 25% share of any future proceeds the company later received from the two projects.
CCR Roofing and CCR Commercial Roofing appealed to the Texas Third Court of Appeals, docketed as No. 03-23-00506-CV. In a memorandum opinion issued February 5, 2025, the court rejected the company's challenges to the commission award but agreed the attorney's fees had been over-awarded, reducing them to a combined $43,000 and affirming the judgment as modified.
With the appeal concluded, Garner and Weston turned to the courts to collect. On December 3, 2025, the County Court at Law No. 2 of Travis County entered a turnover order in Cause No. C-1-CV-25-006611 and appointed Peter Ruggero as receiver over CCR Roofing's property to satisfy the outstanding judgment. The Better Business Bureau separately lists CCR Roofing as out of business.
The case confirms that commission agreements are enforceable contracts under Texas law, and that workers who earn commissions on completed sales have standing to recover them in court.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.judyrecords.com: CCR Roofing, LLC and CCR Commercial Roofing, LLC v. Chase Garner and Richard Weston, Texas 3rd COA No. 03-23-00506-CV (docket, confirming counsel John P. Cowart and Ethan L. Shaw as appellees' attorneys)
- 2.Texas Judicial Branch (txcourts.gov): CCR Roofing, LLC v. Chase Garner and Richard Weston, Texas 3rd COA No. 03-23-00506-CV, memorandum opinion (Feb. 5, 2025): jury awarded Garner $83,554.37 and Weston $67,656.24 in commission damages; court modified attorney's fees to a combined $43,000 and affirmed as modified
- 3.Justia: CCR Roofing, LLC and CCR Commercial Roofing, LLC v. Chase Garner and Richard Weston, Texas 3rd COA No. 03-23-00506-CV, memorandum opinion (Feb. 5, 2025); disposition: modified and, as modified, affirmed
- 4.Ruggero Law (court-appointed receiver notice): Order Requiring Turnover and Appointing Receiver, Cause No. C-1-CV-25-006611, County Court at Law No. 2, Travis County (Dec. 3, 2025)