By Wentworth                                         S.C.R. No. 106
       74R8241 MDR-F
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Harbert Construction Company alleges that:
    1-2              (1)  it entered into three separate contracts with the
    1-3  Texas Department of Criminal Justice to construct 1,000 bed prisons
    1-4  located in Hondo, Lamesa, and Pampa (known as the "Hondo Project,"
    1-5  the "Lamesa Project," and the "Pampa Project");
    1-6              (2)  it has performed all of its obligations under the
    1-7  terms of the contracts;
    1-8              (3)  the department's deficient management, lack of
    1-9  coordination and constructive acceleration of the projects required
   1-10  Harbert Construction Company to hire additional employees on the
   1-11  Hondo Project and the Lamesa Project;
   1-12              (4)  the department's actions required Harbert
   1-13  Construction Company to incur extended overhead costs on the
   1-14  projects;
   1-15              (5)  Harbert Construction Company had to make changes
   1-16  in the scope of the contract because of drawing errors discovered
   1-17  in the contract;
   1-18              (6)  the department wrongfully withheld liquidated
   1-19  damages on the projects;
   1-20              (7)  due to the department withholding payment, a
   1-21  mechanical subcontractor on the Hondo Project has made a claim and
   1-22  several other subcontractors have experienced serious losses;
   1-23              (8)  it is entitled to just compensation, including
   1-24  interest, due to the department's failure to make prompt payment,
    2-1  as provided by Subchapter B, Chapter 2251, Government Code;
    2-2              (9)  Harbert Construction Company and the Texas
    2-3  Department of Criminal Justice have attempted to resolve these
    2-4  conflicts and disputes by a dispute resolution agreement; and
    2-5              (10)  it has timely presented the claims and is
    2-6  entitled to damages, including damages for acceleration costs,
    2-7  additional supervision and overhead costs, claim preparation costs,
    2-8  withheld liquidated damages, changes in the scope of the contract,
    2-9  subcontractor claims, and interest; now, therefore, be it
   2-10        RESOLVED by the Legislature of the State of Texas, That
   2-11  Harbert Construction Company is granted permission to sue the State
   2-12  of Texas and the Texas Department of Criminal Justice subject to
   2-13  Chapter 107, Civil Practice and Remedies Code; and, be it further
   2-14        RESOLVED, That the executive director of the Texas Department
   2-15  of Criminal Justice be served process as provided by Section
   2-16  107.002(a)(3), Civil Practice and Remedies Code.