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

Summary

The Texas Supreme Court affirmed that Chapter 271.153 waives the Port Authority's immunity for Zachry's claim to recover liquidated damages and, by construction, also for common‑law delay damages, despite the contract's no‑damages‑for‑delay clause; the Court also held the clause void for public‑policy reasons. Justice Boyd dissented in part, arguing that the statute does not waive immunity for delay damages not contemplated in the contract and that such a claim should be dismissed for lack of jurisdiction.