Liquidated damages set a fixed-dollar penalty for delay, and on a GC subcontract that penalty can stack fast. Texas courts only enforce LDs when the number is a reasonable forecast of real harm, not a penalty in disguise. These are the Texas opinions that decide whether the LD in your contract is enforceable or gets struck down.
The cases below are organized by outcome and significance. Flagship cases represent the most-cited opinions that have shaped how liquidated damages clauses are interpreted in Texas courts.
Whether a defendant qualifies as an 'employer' under ADEA is a substantive element of the plaintiff's claim, not merely a jurisdictional question, and must be decided by a jury rather than dismissed by the judge under Rule 12(b)(1).
A party cannot be compelled to arbitrate disputes unless it has agreed to do so; InterGen, a non-signatory to the arbitration agreements, is not bound by arbitration clauses in contracts signed by other parties.
Local Government Code § 89.004's presentment requirement is a condition precedent to suit, not a waiver of sovereign immunity, and a county does not waive immunity by withholding contract payments under liquidated damages clauses.
57 opinions sorted by most cited
| CASE | CITATION | OUTCOME | CITES |
|---|---|---|---|
| Luis E. Garcia, M.D. v. Copenhaver, Bell & Associates, m.d.'s, P.A., Defendant-Third Party St. Paul Fire & Marine Insurance Company, Third Party Court of Appeals for the Third Circuit | 104 F.3d 1256 (1997) | remanded | 341 |
| Intergen N v. v. Grina Court of Appeals for the First Circuit | 344 F.3d 134 (2003) | enforced | 308 |
| Travis County v. Pelzel & Associates, Inc. Texas Supreme Court | 77 S.W.3d 246 (2002) | voided | 276 |
| Hamon Contractors, Inc. v. Carter & Burgess, Inc. Colorado Court of Appeals | 229 P.3d 282 (2009) | enforced | 234 |
| Robert Lilley, Cross-Appellee v. Btm Corporation, Cross-Appellant Court of Appeals for the Sixth Circuit | 958 F.2d 746 (1992) | affirmed in part, reversed and remanded in part | 208 |
| County Commissioners v. J. Roland Dashiell & Sons, Inc. Court of Appeals of Maryland | 747 A.2d 600 (2000) | enforced | 202 |
| Marshall v. Baggett Court of Appeals for the Eighth Circuit | 616 F.3d 849 (2010) | voided | 195 |
| Catalina Development, Inc. v. County of El Paso Texas Supreme Court | 121 S.W.3d 704 (2003) | enforced | 190 |
| Baty v. ProTech Insurance Agency Texas Court of Appeals, 14th District (Houston) | 63 S.W.3d 841 (2002) | remanded | 177 |
| Harris v. City of Philadelphia Court of Appeals for the Third Circuit | 47 F.3d 1311 (1995) | enforced | 176 |
| Razor v. Hyundai Motor America Illinois Supreme Court | 854 N.E.2d 607 (2006) | modified | 176 |
| Zuver v. Airtouch Communications, Inc. Washington Supreme Court | 103 P.3d 753 (2004) | modified | 174 |
| Parrish v. Premier Directional Drilling, L.P. Court of Appeals for the Fifth Circuit | 917 F.3d 369 (2019) | voided | 168 |
| Cates Construction, Inc. v. Talbot Partners California Supreme Court | 980 P.2d 407 (1999) | modified | 165 |
| Johnson v. Sawyer,et al Court of Appeals for the Fifth Circuit | 120 F.3d 1307 (1997) | remanded | 154 |
| Roxas v. Marcos Hawaii Supreme Court | 969 P.2d 1209 (1998) | remanded | 153 |
| Zachry Construction Corporation v. Port of Houston Authority of Harris County, Texas Texas Supreme Court | 449 S.W.3d 98 (2014) | remanded | 151 |
| Freeman & Mills, Inc. v. Belcher Oil Co. California Supreme Court | 900 P.2d 669 (1995) | voided | 146 |
| Thomas E. West v. Nabors Drilling Usa, Inc. Court of Appeals for the Fifth Circuit | 330 F.3d 379 (2003) | affirmed | 119 |
| Bureerong v. Uvawas District Court, C.D. California | 922 F. Supp. 1450 (1996) | modified | 111 |
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