1-1 By: Brown S.C.R. No. 70 1-2 (In the Senate - Filed February 23, 1995; February 27, 1995, 1-3 read first time and referred to Committee on Administration; 1-4 April 19, 1995, reported favorably by the following vote: Yeas 7, 1-5 Nays 0; April 19, 1995, sent to printer.) 1-6 SENATE CONCURRENT RESOLUTION 1-7 WHEREAS, CIT Construction Incorporated of Texas alleges that: 1-8 (1) on November 20, 1986, it entered into a contract with 1-9 The University of Texas System for the construction of the Nuclear 1-10 Engineering Teaching Laboratory in the Balcones Research Center at 1-11 The University of Texas at Austin; 1-12 (2) during the performance of the contract, The University 1-13 of Texas System made numerous changes in the original plans that 1-14 enlarged the scope of the contract and increased the time required 1-15 for and value of the work to be performed; 1-16 (3) throughout the project, The University of Texas System 1-17 interfered with construction and excluded Ebasco Construction 1-18 Services from providing assistance to CIT Construction Incorporated 1-19 of Texas as was agreed on in the contract; 1-20 (4) on or about October 13, 1988, The University of Texas 1-21 System unreasonably terminated CIT Construction Incorporated of 1-22 Texas; 1-23 (5) the State of Texas, acting by and through The University 1-24 of Texas System, has wrongfully withheld from CIT Construction 1-25 Incorporated of Texas adequate compensation for materials and 1-26 labor; and 1-27 (6) as a result, CIT Construction Incorporated of Texas is 1-28 entitled to actual damages in the amount of $1,282,312 for the work 1-29 performed, consequential damages in the sum of $10,000,000 due to 1-30 the destruction of business, prejudgment interest, and legal costs 1-31 incurred; now, therefore, be it 1-32 RESOLVED by the Legislature of the State of Texas, That CIT 1-33 Construction Incorporated of Texas be and is hereby granted 1-34 permission to sue the State of Texas and The University of Texas 1-35 System subject to Chapter 107, Civil Practice and Remedies Code; 1-36 and, be it further 1-37 RESOLVED, That the chancellor of The University of Texas 1-38 System be served process as provided by Subdivision (3), Subsection 1-39 (a), Section 107.002, Civil Practice and Remedies Code. 1-40 * * * * *