Tex.
Gov't Code Section 2260.003
Damages
(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.(d)
Notwithstanding Subsection (c), an award of damages under this chapter may include attorney’s fees if:(1)
the claim is for breach of a written contract for:(A)
engineering, architectural, or construction services; or(B)
materials related to the services described by Paragraph (A); and(2)
the amount in controversy is less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney’s fees.
Source:
Section 2260.003 — Damages, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2260.htm#2260.003 (accessed Apr. 20, 2024).
