1-1 By: Wentworth S.C.R. No. 106 1-2 (In the Senate - Filed March 24, 1995; March 27, 1995, read 1-3 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, Harbert Construction Company alleges that: 1-8 (1) it entered into three separate contracts with the Texas 1-9 Department of Criminal Justice to construct 1,000 bed prisons 1-10 located in Hondo, Lamesa, and Pampa (known as the "Hondo Project," 1-11 the "Lamesa Project," and the "Pampa Project"); 1-12 (2) it has performed all of its obligations under the terms 1-13 of the contracts; 1-14 (3) the department's deficient management, lack of 1-15 coordination and constructive acceleration of the projects required 1-16 Harbert Construction Company to hire additional employees on the 1-17 Hondo Project and the Lamesa Project; 1-18 (4) the department's actions required Harbert Construction 1-19 Company to incur extended overhead costs on the projects; 1-20 (5) Harbert Construction Company had to make changes in the 1-21 scope of the contract because of drawing errors discovered in the 1-22 contract; 1-23 (6) the department wrongfully withheld liquidated damages on 1-24 the projects; 2-1 (7) due to the department withholding payment, a mechanical 2-2 subcontractor on the Hondo Project has made a claim and several 2-3 other subcontractors have experienced serious losses; 2-4 (8) it is entitled to just compensation, including interest, 2-5 due to the department's failure to make prompt payment, as provided 2-6 by Subchapter B, Chapter 2251, Government Code; 2-7 (9) Harbert Construction Company and the Texas Department of 2-8 Criminal Justice have attempted to resolve these conflicts and 2-9 disputes by a dispute resolution agreement; and 2-10 (10) it has timely presented the claims and is entitled to 2-11 damages, including damages for acceleration costs, additional 2-12 supervision and overhead costs, claim preparation costs, withheld 2-13 liquidated damages, changes in the scope of the contract, 2-14 subcontractor claims, and interest; now, therefore, be it 2-15 RESOLVED by the Legislature of the State of Texas, That 2-16 Harbert Construction Company be and is hereby granted permission to 2-17 sue the State of Texas and the Texas Department of Criminal Justice 2-18 subject to Chapter 107, Civil Practice and Remedies Code; and, be 2-19 it further 2-20 RESOLVED, That the executive director of the Texas Department 2-21 of Criminal Justice be served process as provided by Subdivision 2-22 (3), Subsection (a), Section 107.002, Civil Practice and Remedies 2-23 Code. 2-24 * * * * *