January 12, 2015 · 8:57 AM
This is the second of a three-part series exploring the Texas Supreme Court’s decision in Zachry Construction Corp. v. Port of Houston Authority of Harris County. A summary of the case can be found at Part 1 of the series. Part 3 will address the lien waiver issues raised by the decision. This post considers the “no-damages-for-delay” aspects of the case, specifically exceptions to enforcement of such contract clauses.
What Zachry Says About No-Damages-for-Delay Clauses
The Texas Supreme Court began its analysis by noting that as a general rule, a contractor can assume the risk of, and not seek damages for, construction delays by agreeing to a no-damages-for-delay clause (“NDFD clause”) in a construction contract. The court, however, then went on to note five “generally recognized exceptions” to the enforcement of such clauses:
Continue reading →
January 5, 2015 · 8:57 AM
Because my practice is focused almost exclusively on construction projects in North Carolina, I focus far more attention on local case law developments than on appellate decisions from other states. But every now and again, a decision from some far-flung jurisdiction gets published that is just too big, too fascinating and too important to overlook.
Zachry Construction Corp. v. Port of Houston Authority of Harris County, handed down by the Supreme Court of Texas (the “Texas Supreme Court”) on August 29, 2014, is just such a decision.
Continue reading →
Filed under Case law from other states, Delay Claims, No Damages for Delay Clauses
Tagged as active interference exception to no damages for delay clause, construction lien waivers, contractor lien waivers, contractor means and methods, effect of lien waivers on claims, enfoceability of no damages for delay clause, exceptions to no damages for delay, is no damages for delay clause enforceable, lien waivers, liquidated damages, liquidated damages for delay, means and methods, NC construction law, no damages for delay, owner interference with means and methods, Raleigh construction lawyer, wrongful withholding of LDs, wrongful withholding of liquidated damages