In City of Mesquite v. PKG Contracting, Inc., 263 S.W.3d 444, 448 (Tex. App.-Dallas 2008, pet. filed), a contractor sued the city to recover damages from overruns, delay and increased costs to perform.
The city argued that the damages were not allowed by the statute.
The Court held that "the nature and extent of damages that may be proved have yet to be determined and must await further development." City of Mesquite, 263 S.W.3d at 448, n.3.
Based upon the limited record we concluded: "We cannot say on this record that PKG's claim for damages is solely for damages excluded by the statute. . . . The trial court is in the best position following further proceedings to determine whether PKG is able to recover some, all, or none of the damages and remedies it claims." Id.