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);(3) any damages based on an unjust enrichment theory;(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.Tex. Gov't. Code § 2260.003
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 840,Sec. 1, eff. 6/15/2017.Amended By Acts 2005, 79th Leg., Ch. 988, Sec. 1, eff. 9/1/2005.Amended By Acts 2001, 77th Leg., ch. 1422, Sec. 14.08, eff. 9/1/2001.Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 8.01, eff. 6/15/2001Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. 8/30/1999.