Section 114.004 - Limitations on Adjudication Awards(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 Section 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.Tex. Civ. Prac. and Rem. Code § 114.004
Added by Acts 2013, 83rd Leg. - Regular Session, ch. 1260,Sec. 1, eff. 9/1/2013.