TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to http://www.tml.org/p/AMICUSBRIEFUPDATE111714.pdf.
Contractual Immunity: Zachry Construction Corp. v. Port of Houston Auth., No. 12-0772, in the Supreme Court of Texas. TML and TCAA filed an amicus brief in support of the Port of Houston Authority’s Motion for Rehearing. In a 5-4 decision, the Supreme Court of Texas reversed the judgment of the court of appeals and remanded the case for further consideration. The Court held that Zachry’s claim for delay damages was not barred by immunity or by the no-damages-for-delay provision of the contract. Amici urged the court to reconsider the majority’s broad interpretation that the “balance due and owed . . . under the contract” includes any damages available at common law. The brief was filed on October 20, 2014.