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.