Zachry Construction Corporation v. Port of Houston Authority of Harris County, Texas

in which Justice GREEN, Justice GUZMAN, Justice DEVINE, and Justice BROWN joined.

The common law permits a contractor to recover damages for construction delays caused by the owner, but the parties are free to contract differently. A contractor may agree to excuse the owner from liability for delay damages, even when the owner is at fault. The contractor thereby assumes the risk of delay from, say, an owner’s change of plans, even if the owner is negligent. But can a no-damages-for-delay provision shield the owner from liability for deliberately and wrongfully interfering with the contractor’s…