by Kent Holland | Dec 30, 2024 | Newsletter Article
A subcontract had a “no-damages-for-delay” clause barring the subcontractor from suing the prime contractor for delays. The clause also provided a protocol for splitting any delay-related settlements between the project owner and the Prime. The Prime submitted a...
by Kent Holland | Jul 13, 2015 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Although parties are free to negotiate away a contractor’s right to recover for delay damages, the Supreme Court of Texas held that a “no-damages-for-delay” provision in a contract cannot shield a project owner from liability...
by Kent Holland | Mar 29, 2013 | Newsletter Article
Where a jury awarded a contractor approximately $19 million for delay and impact costs caused by actions of the project owner (including breach of contract), the judgment was reversed on appeal. Also, an award of $10.5 Million attorneys fees was granted to the Owner...
by Kent Holland | May 23, 2011 | Newsletter Article
Where a contractor signed a contract with a municipality that included a clear and unambiguous “no damages for delay” clause, it was held that such a clause did not violate public policy, and that as a result of the clause the contractor was not entitled to recover...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where an electrical contractor was delayed in completing its work, the project owner, school district, asserted that the contractor’s claim for delay damages was barred by a “no damages for delay” clause in the contract. The trail court concluded that the...
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