Port's Delays Cost Builder $20M, Texas High Court Hears

Law360, Houston (November 6, 2013, 10:38 PM EST) -- Zachry Construction Corp. told Texas’ highest court Wednesday that by repeatedly revising the terms of a wharf construction deal, the Port of Houston Authority intentionally delayed the project and caused the contractor to incur $20 million in losses, which it should be allowed to recover.

Douglas W. Alexander of Alexander Dubose Jefferson & Townsend LLP argued to the Texas Supreme Court that a lower appeals court’s rigid enforcement of a “no-damages-for-delay” clause in Zachry’s government contract inoculating the port from legal claims ignored the fact that...
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