By Wentworth S.C.R. No. 1
77R584 S.B. No.-D
CONCURRENT RESOLUTION
1-1 WHEREAS, R. C. Crawford and Crawford Heavy and Marine
1-2 Construction Limited allege that:
1-3 (1) on October 14, 1991, R. C. Crawford and Crawford
1-4 Heavy and Marine Construction Limited submitted a bid and were
1-5 subsequently issued a contract for work to be performed for the
1-6 Texas Department of Transportation to repair a roadway between Katy
1-7 and Houston, Texas;
1-8 (2) the contract for repair was eventually terminated
1-9 and R. C. Crawford and Crawford Heavy and Marine Construction
1-10 Limited and the Texas Department of Transportation entered into a
1-11 dispute over money owed to R. C. Crawford and Crawford Heavy and
1-12 Marine Construction Limited for work completed and other damages;
1-13 (3) an administrative hearing was held, and shortly
1-14 after the hearing R. C. Crawford discovered that the Texas
1-15 Department of Transportation had withheld evidence from R. C.
1-16 Crawford and the attorneys of Crawford Heavy and Marine
1-17 Construction Limited;
1-18 (4) R. C. Crawford and the attorneys of Crawford Heavy
1-19 and Marine Construction Limited did not have an opportunity to
1-20 review the withheld material prior to the hearing, and the withheld
1-21 material could have had significant influence on the facts of the
1-22 case presented by R. C. Crawford and Crawford Heavy and Marine
1-23 Construction Limited;
1-24 (5) eventually the administrative law judge made a
2-1 ruling in favor of R. C. Crawford and Crawford Heavy and Marine
2-2 Construction Limited based only on the information as it was
2-3 presented by R. C. Crawford and the attorneys of Crawford Heavy and
2-4 Marine Construction Limited before they were aware of the
2-5 information withheld by Texas Department of Transportation, and the
2-6 ruling, based on the record before the discovery of the withheld
2-7 evidence, was rejected by R. C. Crawford and Crawford Heavy and
2-8 Marine Construction Limited;
2-9 (6) as a result of the actions of the Texas Department
2-10 of Transportation, R. C. Crawford lost his bonding capacity, and
2-11 eventually lost his business, namely Crawford Heavy and Marine
2-12 Construction Limited; and
2-13 (7) R. C. Crawford and Crawford Heavy and Marine
2-14 Construction Limited are entitled to recover compensation for the
2-15 work performed, lost bonding damages, attorney's fees, and all
2-16 other damages as allowed by law except exemplary or punitive
2-17 damages; now, therefore, be it
2-18 RESOLVED by the Legislature of the State of Texas, That R. C.
2-19 Crawford and Crawford Heavy and Marine Construction Limited are
2-20 granted permission to sue the State of Texas and the Texas
2-21 Department of Transportation subject to Chapter 107, Civil Practice
2-22 and Remedies Code; and, be it further
2-23 RESOLVED, That the suit authorized by this resolution shall
2-24 be brought in Travis County; and, be it further
2-25 RESOLVED, That the total of all damages awarded in the suit
2-26 authorized by this resolution, including any court costs, and any
2-27 prejudgment interest awarded under law, may not exceed $3 million,
3-1 plus the addition to that amount of any attorney's fees, that R. C.
3-2 Crawford and Crawford Heavy and Marine Construction Limited may not
3-3 plead an amount in excess of that amount in a suit authorized by
3-4 this resolution, and that this is the total amount that may be
3-5 recovered with respect to the contract that is the subject of this
3-6 resolution in all actions brought with respect to that contract;
3-7 and, be it further
3-8 RESOLVED, That the executive director of the Texas Department
3-9 of Transportation be served process as provided by Section
3-10 107.002(a)(3), Civil Practice and Remedies Code.