Bill Caption

Relating to adjudication of claims arising from written contracts with state agencies.

Fiscal Notes

There is no significant fiscal implication to the State or local government.

Bill Analysis

HB 1124 would amend the Civil Practice and Remedies Code to remove the minimum dollar amount for claims of breach of a written contract with state agencies for engineering, architectural, or construction services or any materials related to those services.  The bill would remove "of an express provision" from Section 114.003 concerning the state's waiver of sovereign immunity for breach of contract.

The bill would also expand the damages available to a claimant under a contract with the state for these services including a claim for increased costs due to state-caused delays, claims for amounts owed for additional work, and recovery of attorney's fees.

Vote Recommendation Notes

This bill affirms the principle of limited government by holding the state liable for any breaches of a written contract for specific services, regardless of the amount, and also gives legal recourse to claimants for additional costs incurred because of the state's action. Because of this, we support HB 1124.