Browning Construction sued Alamo Community College District for breach of contract after project delays. The jury awarded Browning over $3 million in damages despite a no-damages-for-delay clause in the contract. The court ruled that the college district is not immune from suit under Texas law, and that a contractor can recover delay damages when the owner actively interferes with the work, even if the contract says otherwise.
No-damages-for-delay clauses are not absolute—if the owner actively interferes with your work, you may still recover delay costs in Texas
Government entities like community colleges cannot hide behind sovereign immunity to avoid paying contractors for breach of contract
Document all owner-caused delays and interference in writing; this evidence is critical to overcoming a no-damages-for-delay clause