By Brimer                                             H.C.R. No. 64
         76R1817 MDR-F                           
                             HOUSE CONCURRENT RESOLUTION
 1-1           WHEREAS, DalMac Construction Company, Inc., alleges that:
 1-2                 (1)  on February 15, 1993, DalMac Construction Company
 1-3     and Texas A&M University entered into a contract for  the
 1-4     construction of a recreational sports building;
 1-5                 (2)  almost immediately after work began, DalMac
 1-6     Construction Company discovered that the university's plans and
 1-7     specifications did not adequately describe the work, the plans
 1-8     frequently conflicted with the specifications, and it was
 1-9     impossible to construct the building from the plans and
1-10     specifications;
1-11                 (3)  DalMac Construction Company incurred several
1-12     hundreds of thousands of dollars in additional expense because the
1-13     university insisted on performance that exceeded the plans and
1-14     specifications as initially requested;
1-15                 (4)  in compliance with the procedures specified in the
1-16     contract, DalMac Construction Company regularly notified the
1-17     university and requested clarification of inadequacies, conflicts,
1-18     and other problems,  and in some instances the university did not
1-19     respond for more than a year;
1-20                 (5)  in compliance with the procedures specified in the
1-21     contract, and as a direct result of design inadequacies and
1-22     conflicts, DalMac Construction Company was forced to submit change
1-23     proposals for time and money;
1-24                 (6)  after numerous change proposals were denied or
 2-1     left unanswered, DalMac Construction Company used the dispute
 2-2     resolution procedure specified by the contract;
 2-3                 (7)  despite the obvious problems with the university's
 2-4     architectural plans and specifications, and despite the
 2-5     university's insistence on performance that exceeded the initial
 2-6     contractual requirements, DalMac Construction Company fully
 2-7     satisfied its contractual obligations, both as initially required
 2-8     and as subsequently modified at the insistence of the university;
 2-9                 (8)  the university refused to extend the construction
2-10     date for more than 15 days during construction;
2-11                 (9)  after construction was completed the university
2-12     inexplicably granted two additional extensions of 43 and 17 days,
2-13     setting December 20, 1994, as the adjusted date of completion, but
2-14     these extensions were of little consequence since the project was
2-15     290 days beyond schedule due to problems with the plans;
2-16                 (10)  DalMac Construction Company completed
2-17     construction on or about November 17, 1995;
2-18                 (11)  on or about October 16, 1995, DalMac Construction
2-19     Company submitted to the vice chancellor of The Texas A&M
2-20     University System a "Request for Equitable Adjustment," supported
2-21     by project documents, which included requests for time and money,
2-22     with the total claim at that time amounting to $2,412,575.66;
2-23                 (12)  the vice chancellor summarily responded to the
2-24     "Request for Equitable Adjustment" by indicating that the
2-25     university was not responsible for the losses of DalMac
2-26     Construction Company and its subcontractors regardless of cost;
2-27                 (13)  there was no indication that the university
 3-1     reviewed the "Request for Equitable Adjustment," and both the
 3-2     rapidity and the content of the vice chancellor's response suggest
 3-3     that the university did not, in fact, review the "Request for
 3-4     Equitable Adjustment";
 3-5                 (14)  despite DalMac Construction Company's repeated
 3-6     proposal for a joint review of the plans, as a start toward final
 3-7     settlement, and despite the vice chancellor's remark that the
 3-8     architectural plans were the worst he had ever seen at the
 3-9     university, the university never agreed to the joint review;
3-10                 (15)  on July 10, 1996, and in compliance with the
3-11     dispute resolution procedure provided for by the contract, DalMac
3-12     Construction Company gave notice to the chancellor of The Texas A&M
3-13     University System that the company was appealing the vice
3-14     chancellor's rejection of the claim;
3-15                 (16)  on September 25, 1996, the chancellor set the
3-16     dispute for arbitration in College Station, Texas, for two or three
3-17     days, over DalMac Construction Company's objection that two or
3-18     three days was not ample time to present all complicated
3-19     engineering information necessary for an informed arbitral
3-20     decision;
3-21                 (17)  DalMac Construction Company and the university
3-22     submitted their dispute to an arbitrator, whose March 25, 1997,
3-23     decision addressed only three of the numerous issues in dispute, as
3-24     the university was unwilling to arbitrate the remaining issues;
3-25                 (18)  on April 14, 1997, DalMac Construction Company
3-26     wrote to the university proposing a settlement, to which the
3-27     chancellor responded with an offer of $19,000 on a $2.4 million
 4-1     claim;
 4-2                 (19)  on April 30, 1997, pursuant to the specified
 4-3     dispute resolution procedure, DalMac Construction Company appealed
 4-4     to the Board of Regents of The Texas A&M University System and
 4-5     asked for a full and fair hearing;
 4-6                 (20)  at the hearing before the board of regents,
 4-7     DalMac Construction Company was given a mere 45 minutes to discuss
 4-8     a claim now exceeding $3 million, and the board of regents upheld
 4-9     the chancellor's findings;
4-10                 (21)  on July 30, 1997, the board of regents offered
4-11     DalMac Construction Company $204,461, an increase over the initial
4-12     $19,000 offer, due only to the university's incorrect deduction of
4-13     liquidated damages;
4-14                 (22)  DalMac Construction Company sought confirmation
4-15     that the offer of $204,461 was the board of regents' final
4-16     response;
4-17                 (23)  the university has failed to pay DalMac
4-18     Construction Company for construction costs and expenses incurred
4-19     as a result of the university's mistakes, and the university has
4-20     breached the contract it entered into with DalMac Construction
4-21     Company; and
4-22                 (24)  DalMac Construction Company is entitled to actual
4-23     and monetary damages, including court costs and attorney's fees;
4-24     now, therefore, be it
4-25           RESOLVED by the Legislature of the State of Texas, That
4-26     DalMac Construction Company, Inc., is granted permission to sue the
4-27     State of Texas and Texas A&M University subject to Chapter 107,
 5-1     Civil Practice and Remedies Code; and, be it further
 5-2           RESOLVED, That the president of Texas A&M University be
 5-3     served process as provided by Section 107.002(a)(3), Civil Practice
 5-4     and Remedies Code.