Daniel International sued electrical subcontractor Fischbach & Moore over delays on a Texas prison construction project with strict deadlines. The district court wrongly removed the case from the jury calendar three months before trial, and the appeals court reversed and ordered a new jury trial. The court also ruled that a contractually agreed 10% profit margin deduction for delays is a valid liquidated damages clause, not an unenforceable penalty.
You have a right to a jury trial in contract disputes—courts cannot arbitrarily strip that right by removing cases from the jury calendar without good cause.
Liquidated damages clauses tied to a specific profit margin percentage are enforceable if both parties agreed to them upfront, even if they result in significant financial consequences.