Tex.
Gov't Code Section 2251.0521
Unsigned Change Order
(a)
In this section:(1)
“Public work contract” has the meaning assigned by Section 2253.001 (Definitions).(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.(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.
Source:
Section 2251.0521 — Unsigned Change Order, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm#2251.0521 (accessed Apr. 29, 2024).
