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