by Kent Holland | Jan 26, 2021 | Newsletter Article
An appellate court reversed the trial court judgment that held a Contractor was not entitled to costs associated with delays (including overhead) on a city building project. The city argued that the contractor was late in submitting its claim for damages and it also...
by Kent Holland | Aug 11, 2020 | Newsletter Article
Where a subcontractor on a construction project sued another subcontractor on that project for $1 million in delay damages caused by negligence, it was held that the economic loss doctrine prohibited the suit. Although the subcontractors had no contractual privity,...
by Kent Holland | Aug 13, 2019 | Newsletter Article
Where project owner chose not to terminate contractor for failing to substantially complete project by contractually established deadline, but permitted late completion, this did not waive entitlement to recover delay damages. McPherson Builders, Inc. v. Performance...
by Kent Holland | Jan 22, 2019 | Newsletter Article
Construction contractor was prohibited by contract from suing the project engineer for damages it claims were sustained as a result of the engineer’s alleged professional negligence in the interpretation and application of the plans and specifications of the project....
by Kent Holland | Feb 23, 2015 | Newsletter Article
By: Stanley P. Santire, Esq. Santire Law Firm, Houston, Texas (http://www.santirelaw.com) A “No Damages for Delay” contract provision was found unenforceable, based on the application of public policy principles that had previously only been applied in cases of tort...
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