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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on awards in an adjudication brought |
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against a local governmental entity for breach of contract. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 271.153(a), Local Government Code, is |
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amended to read as follows: |
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(a) The total amount of money awarded in an adjudication |
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brought against a local governmental entity for breach of a |
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contract subject to this subchapter is limited to the following: |
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(1) the balance due and owed by the local governmental |
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entity under the contract as it may have been amended, including any |
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amount owed as compensation for the increased cost to perform the |
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work as a direct result of owner-caused delays or acceleration; |
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(2) the amount owed for change orders or additional |
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work the contractor is directed to perform by a local governmental |
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entity in connection with the contract; |
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(3) reasonable and necessary attorney's fees that are |
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equitable and just; and |
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(4) interest as allowed by law, including interest for |
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a disputed payment as provided by Section 2251.042, Government |
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Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an adjudication commenced on or after the effective date of this |
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Act. An adjudication commenced before the effective date of this |
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Act is governed by the law applicable to the adjudication |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |