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Texas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions
Scott W. Cowan,Kent W. Lindsay,Andrew D. Ness,William R. Taylor,J. Laurens Wilkes, November 12, 2014
The Texas Supreme Court held that a no-delay-damages provision cannot shield an owner from liability for deliberately and wrongfully interfering with a contractor's work. Zachry Constr. Corp. v. Port of Houston Auth., No. 12-0772, 2014 Tex. LEXIS 768, at *43 (Tex. Aug. 29, 2014). The court not only...
Are Your Construction Contracts' Forum-Selection and Choice-of-Law Clauses Enforceable?
Kent W. Lindsay,Daniel D. McMillan,Andrew D. Ness,Kevin O'Brien,Stephen V. O'Neal, June 24, 2014
While typically relegated to the last pages of a construction contract, forum-selection and choice-of-law clauses control every aspect of the parties' respective obligations and liabilities undertaken on a project. Issues like payment, suspension of work and termination, good faith and fair...