Defeating delay

Sometimes Texas construction lawyers see next level delaying tactics.

The client was a demolition company that was hired to demolish the public square of a local college. The job was supposed to take three weeks. However, the client had a backhoe cause some minor damage to one of the college’s existing buildings.

The client’s insurance company repaired the damage and the delay to the project was only a few days as the client worked weekends to make sure the overall project wasn’t unnecessarily delayed.

Once the project was 90% complete the general contractor told the client not to come back to the job site. There were procedures for terminating the contract and the general contractor ignored all of them.

The the general contractor refused to pay the sums due under the contract.

We sent a demand letter and the response from the general contractor’s lawyer was that the damage to the building was such that our client should not be paid. But…the insurance company paid for the damage and the repairs were made in a matter of weeks. So that was no defense.

We filed suit and the case was tried to a judge, not a jury.

We went to trial and the judge ruled in the client’s favor on about 95% of the items in question. So we obtained a significant judgment for the client.

The debtor general contractor refused to pay and so we sent the usual post-judgment discovery. Before the due date of that discovery the defendant paid 100% of the amount due under the judgment, including interest.

The client’s commitment was strong and they were well-rewarded.

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