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1. Applicability of the No Damage for Delay Clause
1. Introduction
2. Recognized Exceptions
3. Texas Law
2. Use of Construction Experts After Daubert and Robinson
1. Introduction
2. William Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U. S. 579, 113 S. Ct. 2786, 125 L.Ed.2d 469 (1993).
3. Daubert Comes To Texas
4. Daubert/Robinson Expands To All Expert Testimony
5. The Construction Expert: What To Look Out For
6. The Future of Daubert/Robinson and the Construction Expert

Recovery of delay damages is fraught with numerous stumbling blocks. The two major hurdles which must be overcome are usually (1) getting around a "No Damage for Delay" clause, i.e. entitlement and (2) proof of the actual delay and damages flowing therefrom. The second hurdle must be overcome with the use of the "Expert" witness. This paper will discuss the exceptions to the No Damage for Delay provisions under Texas law and application of the Daubert case to construction "experts".

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