By Brown                                              S.C.R. No. 70
       74R1418 SKT-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, CIT Construction Incorporated of Texas  alleges
    1-2  that:
    1-3              (1)  on November 20, 1986, it entered into a contract
    1-4  with The University of Texas System for the construction of the
    1-5  Nuclear Engineering Teaching Laboratory in the Balcones Research
    1-6  Center at The University of Texas at Austin;
    1-7              (2)  during the performance of the contract, The
    1-8  University of Texas System made numerous changes in the original
    1-9  plans that enlarged the scope of the contract and increased the
   1-10  time required for and value of the work to be performed;
   1-11              (3)  throughout the project, The University of Texas
   1-12  System interfered with construction and excluded Ebasco
   1-13  Construction Services from providing assistance to CIT Construction
   1-14  Incorporated of Texas as was agreed upon in the contract;
   1-15              (4)  on or about October 13, 1988, The University of
   1-16  Texas System unreasonably terminated CIT Construction Incorporated
   1-17  of Texas;
   1-18              (5)  the State of Texas, acting by and through The
   1-19  University of Texas System, has wrongfully withheld from CIT
   1-20  Construction Incorporated of Texas adequate compensation for
   1-21  materials and labor; and
   1-22              (6)  as a result, CIT Construction Incorporated of
   1-23  Texas is entitled to actual damages in the amount of $1,282,312 for
   1-24  the work performed, consequential damages in the sum of $10,000,000
    2-1  due to the destruction of business, prejudgment interest, and legal
    2-2  costs incurred; now, therefore, be it
    2-3        RESOLVED by the Legislature of the State of Texas, That CIT
    2-4  Construction Incorporated of Texas is granted permission to sue the
    2-5  State of Texas and The University of Texas System  subject to
    2-6  Chapter 107, Civil Practice and Remedies Code; and, be it further
    2-7        RESOLVED, That the chancellor of The University of Texas
    2-8  System be served process as provided by Section 107.002(a)(3),
    2-9  Civil Practice and Remedies Code.