THE TEXAS COURT OF APPEALS, RELYING ON EXPERT TESTIMONY, HOLDS A COUNTY’S IMMUNITY IS WAIVED FOR BOTH DELAY AND DISRUPTION DAMAGES
In County of Galveston v. Triple B Services, LLP, 2016 WL 3025261 (Tex. Civ. App. May 26, 2016), the Court of Appeals of Texas held a contractors’ breach of contract claim against a county fell within the scope of sovereign immunity waiver for construction contracts. The Court determined the disruption damages sought by the contractor were "a direct result of owner-caused delays,” and the Texas statute providing limited waiver of sovereign immunity for delay damages was applicable.