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Claims and Dispute Resolution Procedures of State
Agencies Relating to Construction Contracts
10th Annual Construction Law Conference
February 20 & 21, 1997
Austin, Texas
Allison J. Snyder
Greenberg, Peden, Siegmyer & Oshman, P.C.
Houston, Texas
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Abstract
This paper will briefly discuss some of the claims and dispute resolution procedures of several State of Texas agencies in connection with construction contracts. Some of the claims procedures are automatically incorporated into the agencies' construction contracts pursuant to TEX. GOV'T. CODE ANN. ยง2166.302, while others are adopted through the Texas Administrative Code. Most of these procedures have been adopted and/or amended recently and there is little case law, if any, interpreting these procedures.
TABLE OF CONTENTS
Preface 4
Acknowledgements 4
Other Reading 5
Explanation of Appendices 5
I. Introduction 6
II. State Office of Administrative Hearings (SOAH) 6
III. Uniform General Conditions for State Construction Contracts 13
IV. Supplementary General Conditions Used by Selected State Agencies in State Construction Contracts 14
A. Texas Department of Transportation 14
B. General Services Commission 18
C. The University of Texas System 21
D. Texas Parks and Wildlife Department 23
V. Proposed Legislation 24
VI. Appendix 25
Exhibit "A" List of state agencies that refer contested cases to SOAR
Exhibit "B" Organizational chart for SOAH
Exhibit "C" SOAH's Request for Setting of Hearing Form
Exhibit "D" SOAH's Request for Assignment of ALl Form
Exhibit "E" Supplementary General Conditions for State of Texas Building Construction Contracts of the Texas Department of Transportation (revised September 1,1991)
Exhibit "F" Uniform General Conditions for State of Texas Building Construction Contracts Including Supplementary General Conditions for Projects Administered by the General Services Commission (revised December 15, 1995) (pertinent portions only)
Exhibit "G" Uniform General Conditions and Supplementary General Conditions for State of Texas Building Construction Contracts of the University of Texas System (revised March 22, 1996)
Exhibit "H" Written information provided by the University of Texas System to prospective bidders regarding its Partnering Program (11/5/96)
Exhibit "I" Uniform General Conditions for All State of Texas Building Construction Contracts Including Supplementary General Conditions for Projects Administered by the Texas Parks and Wildlife Department (revised September 1, 1993) (pertinent portions only)
Exhibit "J" Interim Report of the Texas House of Representatives Committee on Civil Practices to the 75th Texas Legislature (December 1996) (pertinent portions only)
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