"Based on the summary judgment record before us, appellee did not conclusively establish that appellant's failure to include a setoff for delay damages in its cost certification estopped it from pursuing this lawsuit. Accordingly, summary judgment based on estoppel by contract was not proper." Dallas Court of Appeals, No. 05-05-00158-CV
G.C. Buildings, Inc. v. RGS Contractors, Inc.
Tx. App. Dist. 5
February 21, 2006