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.
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