Last week, the Fourteenth Court of Appeals reversed a lower court ruling and rendered judgment against Zachry Construction Corporation in a suit the company filed in 2006 against the Port of Houston Authority.
A trial court previously awarded Zachry $19,662,697 for breach of contract arising from the Bayport Terminal Complex Phase 1A Wharf and Dredging Contract.
The appeals court held that the application of the construction contract’s “no-damages-for-delay” clause precluded Zachry’s claim for delay or hindrance damages on its claim, reversing the judgment that had awarded damages to Zachry. The court rendered judgment that Zachry take nothing on those claims and that the Port Authority recover attorney’s fees of more than $10 million from Zachry.
Dredging Today Staff, August 15, 2012