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.
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