(a) A contractor or subcontractor may elect not to proceed with additional work directed by an owner if:
(1) the contractor or subcontractor has not received a written, fully executed change order for the owner-directed additional work; and
(2) the aggregate actual or anticipated value of the additional work plus any previous owner-directed additional work for which the contractor or subcontractor has not received a written, fully executed change order exceeds 10 percent of the contractor’s or subcontractor’s original contract amount.
(b) A contractor 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.

Terms Used In Texas Property Code 28.0091

  • 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