85R8379 SCL-F     By: Hughes S.B. No. 1947       A BILL TO BE ENTITLED   AN ACT   relating to adjudication of claims arising from certain written   contracts with state agencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 114.003, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 114.003.  WAIVER OF IMMUNITY TO SUIT FOR CERTAIN   CLAIMS.  A state agency that is authorized by statute or the   constitution to enter into a contract and that enters into a   contract subject to this chapter waives sovereign immunity to suit   for the purpose of adjudicating a claim for breach [of an express   provision] of the contract, subject to the terms and conditions of   this chapter.          SECTION 2.  Section 114.004, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 114.004.  LIMITATIONS ON ADJUDICATION AWARDS.  (a)  The   total amount of money awarded in an adjudication brought against a   state agency for breach [of an express provision] of a contract   subject to this chapter is limited to the following:                (1)  the balance due and owed by the state agency 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 [if the   contract expressly provides for that compensation];                (2)  the amount owed for [written] change orders or   additional work the contractor is directed to perform by a state   agency in connection with the contract;                (3)  reasonable and necessary attorney's fees that are   equitable and just [based on an hourly rate that are equitable and   just if the contract expressly provides that recovery of attorney's   fees is available to all parties to the contract]; and                (4)  interest at the rate specified by the contract or,   if a rate is not specified, the rate for postjudgment interest under   Section 304.003(c), Finance Code, but not to exceed 10 percent.          (b)  Damages awarded in an adjudication brought against a   state agency arising under a contract subject to this chapter may   not include:                (1)  consequential damages, except as expressly   allowed under Subsection (a)(1);                (2)  exemplary damages; or                (3)  damages for unabsorbed home office overhead.          SECTION 3.  Chapter 114, Civil Practice and Remedies Code,   as amended by this Act, applies only to a claim arising under a   contract executed on or after the effective date of this Act. A   claim that arises under a contract executed before the effective   date of this Act is governed by the law applicable to the claim   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.