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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 10. GENERAL GOVERNMENT |
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Subtitle F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT |
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Chapter 2260. RESOLUTION OF CERTAIN CONTRACT CLAIMS AGAINST THE STATE |
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Subchapter A. GENERAL PROVISIONS |
Sec. 2260.003. DAMAGES
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(a) The total amount of money recoverable on a claim for breach of contract under this chapter may not, after deducting the amount specified in Subsection (b), exceed an amount equal to the sum of:
(1) the balance due and owing on the contract price;
(2) the amount or fair market value of orders or requests for additional work made by a unit of state government to the extent that the orders or requests for additional work were actually performed; and
(3) any delay or labor-related expense incurred by the contractor as a result of an action of or a failure to act by the unit of state government or a party acting under the supervision or control of the unit of state government.
(b) Any amount owed the unit of state government for work not performed under a contract or in substantial compliance with its terms shall be deducted from the amount in Subsection (a).
(c) Any award of damages under this chapter may not include:
(1) consequential or similar damages, except delays or labor-related expenses described by Subsection (a)(3);
(2) exemplary damages;
(3) any damages based on an unjust enrichment theory;
(4) attorney's fees; or
(5) home office overhead.