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...
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: 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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