Article Date: 09/22/2008

EXCUSABLE DELAY MUST BE CONSIDERED IN LIQUIDATED DAMAGES ASSESSMENT

Court of Appeals of Texas, Thirteenth District

Winship Construction, Inc. v. City of Portland

No. 13-07-371-CV
August 21, 2008

Overview

A Texas court has ruled that contractor allegations of delay caused by adverse weather and a separate prime contractor raised questions regarding a project owner’s refusal to release final payment. Excusable delay would preclude the owner from assessing liquidated damages.

Background

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