(a) In this section:
(1) “Public work contract” has the meaning assigned by § 2253.001.
(2) “Subcontract” means a contract between a subcontractor and a vendor who is providing services under a public work contract.
(b) A vendor may elect not to proceed with additional work directed by a governmental entity under a public work contract if:
(1) the vendor has not received a written, fully executed change order for the governmental entity-directed additional work; and
(2) the aggregate actual or anticipated value of the additional work under the vendor’s contract terms plus any previous governmental entity-directed additional work for which the vendor has not received a written, fully executed change order exceeds 10 percent of the vendor’s original public work contract amount.

Terms Used In Texas Government Code 2251.0521

  • 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.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) A subcontractor may elect not to proceed with additional work directed by a vendor under a subcontract if:
(1) the subcontractor has not received a written, fully executed change order for the governmental entity-directed additional work from the vendor; and
(2) the aggregate actual or anticipated value of the additional work under the subcontractor’s subcontract terms plus any previous governmental entity-directed additional work for which the subcontractor has not received a written, fully executed change order exceeds 10 percent of the subcontractor’s subcontract amount.
(d) A vendor or subcontractor who elects not to proceed with additional work as provided by this section is not responsible for damages associated with the election not to proceed.