82R1130 NC-F
By: Wentworth S.B. No. 1382
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.