Lack of “Reasonable Forecast” Sinks Liquidated Damages Clause

Court of Appeals of Texas

City of Colleyville v. Mart, Inc

Case no.:  02-25-00276-CV

Date filed: October 23, 2025

Overview

A Texas appellate court has ruled that a project owner failed to make a “reasonable forecast” of actual damages for late completion when stipulating a daily rate of liquidated damages. The clause was unenforceable, so the ... Log in to view the full text.