By: Brown S.C.R. No. 70 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, CIT Construction Incorporated of Texas alleges that: 1-2 (1) on November 20, 1986, it entered into a contract with 1-3 The University of Texas System for the construction of the Nuclear 1-4 Engineering Teaching Laboratory in the Balcones Research Center at 1-5 The University of Texas at Austin; 1-6 (2) during the performance of the contract, The University 1-7 of Texas System made numerous changes in the original plans that 1-8 enlarged the scope of the contract and increased the time required 1-9 for and value of the work to be performed; 1-10 (3) throughout the project, The University of Texas System 1-11 interfered with construction and excluded Ebasco Construction 1-12 Services from providing assistance to CIT Construction Incorporated 1-13 of Texas as was agreed on in the contract; 1-14 (4) on or about October 13, 1988, The University of Texas 1-15 System unreasonably terminated CIT Construction Incorporated of 1-16 Texas; 1-17 (5) the State of Texas, acting by and through The University 1-18 of Texas System, has wrongfully withheld from CIT Construction 1-19 Incorporated of Texas adequate compensation for materials and 1-20 labor; and 1-21 (6) as a result, CIT Construction Incorporated of Texas is 1-22 entitled to actual damages in the amount of $1,282,312 for the work 1-23 performed, consequential damages in the sum of $10,000,000 due to 1-24 the destruction of business, prejudgment interest, and legal costs 2-1 incurred; now, therefore, be it 2-2 RESOLVED by the Legislature of the State of Texas, That CIT 2-3 Construction Incorporated of Texas be and is hereby granted 2-4 permission to sue the State of Texas and The University of Texas 2-5 System subject to Chapter 107, Civil Practice and Remedies Code; 2-6 and, be it further 2-7 RESOLVED, That the chancellor of The University of Texas 2-8 System be served process as provided by Subdivision (3), Subsection 2-9 (a), Section 107.002, Civil Practice and Remedies Code.