76R14094 DLF-D
By Carona S.C.R. No. 24
Substitute the following for S.C.R. No. 24:
By Bosse C.S.S.C.R. No. 24
SENATE CONCURRENT RESOLUTION
1-1 WHEREAS, DalMac Construction Company, Inc., alleges that on
1-2 February 15, 1993, DalMac Construction Company and Texas A&M
1-3 University entered into a contract for the construction of a
1-4 recreational sports building and that the university has breached
1-5 the contract; now, therefore, be it
1-6 RESOLVED by the Legislature of the State of Texas, That
1-7 DalMac Construction Company, Inc., is granted permission to file a
1-8 claim against Texas A&M University with the State Office of
1-9 Administrative Hearings for amounts owed under the contract for
1-10 construction of the recreational sports building; and, be it
1-11 further
1-12 RESOLVED, That an administrative law judge of the State
1-13 Office of Administrative Hearings shall hear the claim as a
1-14 contested case under Chapter 2001, Government Code, and render a
1-15 written order containing the administrative law judge's findings of
1-16 facts and recommendations; and, be it further
1-17 RESOLVED, That Texas A&M University may assert in the
1-18 contested case authorized by this resolution any counterclaim or
1-19 offset that the university claims against DalMac Construction
1-20 Company, Inc., with respect to the contract; and, be it further
1-21 RESOLVED, That Texas A&M University shall pay, exclusively
1-22 from money appropriated for this purpose, the claim or any part of
1-23 the claim if the administrative law judge finds, by a preponderance
1-24 of the evidence, the claim or part of the claim is valid under the
2-1 laws of this state; and, be it further
2-2 RESOLVED, That the amount awarded by the administrative law
2-3 judge in a contested case authorized by this resolution may not
2-4 include any amount attributable to consequential damages resulting
2-5 from any breach of contract, punitive or exemplary damages, or
2-6 attorney's fees; and, be it further
2-7 RESOLVED, That the amount of a claim paid in accordance with
2-8 any order of an administrative law judge may not exceed the balance
2-9 due and owing on the contract price, including any orders for
2-10 additional work, less any amount owed for work not performed under
2-11 the contract or in substantial compliance with the contract and
2-12 less any valid counterclaim or offset asserted by Texas A&M
2-13 University, but that in any event the amount paid may not exceed $3
2-14 million; and, be it further
2-15 RESOLVED, That any act, finding, ruling, or award of an
2-16 administrative law judge in a contested case authorized under this
2-17 resolution is not subject to appeal to any court of this state;
2-18 and, be it further
2-19 RESOLVED, That an administrative law judge may establish a
2-20 fee in an amount that allows the State Office of Administrative
2-21 Hearings to recover its costs with respect to the contested case
2-22 authorized by this resolution and assess the fee against the party
2-23 that does not prevail in the contested case or apportion the fee
2-24 against the parties to the contested case in an equitable manner;
2-25 and, be it further
2-26 RESOLVED, That if legislation is enacted by the 76th
2-27 Legislature under which the State Office of Administrative Hearings
3-1 may hear contract claims against the state, the hearings held by
3-2 the State Office of Administrative Hearings in accordance with this
3-3 resolution shall be held in accordance with that legislation and
3-4 any rules or procedures adopted under that legislation.
3-5 BEGCAPTION
3-6 Granting DalMac Construction Company, Inc., permission to bring a
3-7 claim against Texas A&M University.
3-8 ENDCAPTION