Bill Text: TX HB1185 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to limitations on adjudication awards arising from certain written contracts with state agencies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-17 - Left pending in committee [HB1185 Detail]
Download: Texas-2019-HB1185-Engrossed.html
By: Cyrier | H.B. No. 1185 |
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relating to limitations on adjudication awards arising from certain | ||
written contracts with state agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 114.002, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 114.002. APPLICABILITY. This chapter applies only to | ||
a claim for breach of a written contract that is related to real | ||
property or improvements to real property and is for engineering, | ||
architectural, or construction services or for materials related to | ||
engineering, architectural, or construction services, brought by a | ||
party to the written contract, in which the amount in controversy is | ||
not less than $250,000, excluding penalties, costs, expenses, | ||
prejudgment interest, and attorney's fees. | ||
SECTION 2. Section 114.004, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 114.004. LIMITATIONS ON ADJUDICATION AWARDS. (a) The | ||
total amount of money awarded in an adjudication brought against a | ||
state agency for breach of an express provision of a contract | ||
subject to this chapter is limited to the following: | ||
(1) the balance due and owed by the state agency under | ||
the contract as it may have been amended, including any amount owed | ||
as compensation for the increased cost to perform the work as a | ||
direct result of owner-caused delays or acceleration [ |
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(2) the amount owed for written change orders; | ||
(3) reasonable and necessary attorney's fees that are | ||
equitable and just [ |
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(4) interest at the rate specified by the contract or, | ||
if a rate is not specified, the rate for postjudgment interest under | ||
Section 304.003(c), Finance Code, but not to exceed 10 percent. | ||
(b) Damages awarded in an adjudication brought against a | ||
state agency arising under a contract subject to this chapter may | ||
not include: | ||
(1) consequential damages, except as expressly | ||
allowed under Subsection (a)(1); | ||
(2) exemplary damages; or | ||
(3) damages for unabsorbed home office overhead. | ||
SECTION 3. Chapter 114 | ||
, Civil Practice and Remedies Code, | ||
as amended by this Act, applies only to a claim arising under a | ||
contract executed on or after the effective date of this Act. A | ||
claim that arises under a contract executed before the effective | ||
date of this Act is governed by the law as it existed immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |