In a much-anticipated decision, the Texas Supreme Court has
ruled in favor of a general contractor seeking to recover funds withheld by an
owner for delays that the jury found were caused by the owner’s deliberate and
wrongful interference. The Court addressed the effect of a no-damages-for-delay
provision in the construction contract, as well as whether language in the
waivers the contractor submitted for progress payments also waived the
contractor’s claims for delay damages. Finally, the Court analyzed at length
whether the applicable statutes waived the governmental immunity of the owner,
a local port authority. [...]
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