(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;
(3) reasonable and necessary attorney’s fees 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 § 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;
(2) exemplary damages; or
(3) damages for unabsorbed home office overhead.
Terms Used In Texas Civil Practice and Remedies Code 114.004
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005