CITY OF HOUSTON v. R. F. BALL CONST. CO., INC.

No. 1750.

570 S.W.2d 75 (1978)

CITY OF HOUSTON, Appellant, v. R. F. BALL CONSTRUCTION COMPANY, INC., et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied August 30, 1978.


Attorney(s) appearing for the Case

Robert M. Collie, Jr., City Atty., Joseph G. Rollins, Senior Asst. City Atty., Dale M. Tingleaf, Asst. City Atty., Houston, for appellant.

Owen W. Cecil, Brian S. Greig, Fulbright & Jaworski, Houston, for appellees.


COULSON, Justice.

The City of Houston appeals from an adverse judgment entered in a suit brought by R. F. Ball Construction Company, Inc. and Southwest Ball Construction Company for damages occasioned by delay and hindrance in the construction of passenger terminal facilities at Houston Intercontinental Airport. We hold that the construction contract precludes recovery of such damages. We reverse and render judgment that the plaintiffs take nothing.

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