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.