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 * * * * *