Current through Reg. 49, No. 38; September 20, 2024
The following words and terms, when used in relation to
contract disputes, shall have the following meanings, unless the context
clearly indicates otherwise:
(1)
Claim--A demand for damages by the contractor based upon the Board's alleged
breach of the contract.
(2)
Contract--A written contract between the Board and a contractor by the terms of
which the contractor agrees either:
(A) to
provide goods or services, by sale or lease, to or for the Board; or
(B) to perform a project as defined by
Government Code, §
2166.001.
(3) Contractor--Independent
contractor who has entered into a contract directly with the Board. The term
does not include:
(A) The contractor's
subcontractor, officer, employee, agent or other person furnishing goods or
services to a contractor;
(B) An
employee of the Board; or
(C) A
student at an institution of higher education.
(4) Counterclaim--A demand by the Board based
upon the contractor's claim.
(5)
Day--A calendar day. If an act is required to occur on a day falling on a
Saturday, Sunday, or holiday, the first working day that is not one of these
days should be counted as the required day for purpose of this act.
(6) Event--An act or omission or a series of
acts or omissions giving rise to a claim. The following list contains
illustrative examples of events, subject to the specific terms of the contract:
(A) Examples of events in the context of a
contract for goods or services:
(i) the
failure of the Board to timely pay for goods and services;
(ii) the failure to pay the balance due and
owing on the contract price, including orders for additional work, after
deducting any amount owed the Board for work not performed under the contract
or in substantial compliance with the contract terms;
(iii) the suspension, cancellation, or
termination of the contract;
(iv)
final rejection of the goods or services tendered by the contractor, in whole
or in part;
(v) repudiation of the
entire contract prior to or at the outset of performance by the
contractor;
(vi) withholding
liquidated damages from final payment to the contractor.
(B) Examples of events in the context of a
project:
(i) the failure to timely pay the
unpaid balance of the contract price following final acceptance of the
project;
(ii) the failure to make
timely progress payments required by the contract;
(iii) the failure to pay the balance due and
owing on the contract price, including orders for additional work, after
deducting any amount owed the Board for work not performed under the contract
or in substantial compliance with the contract terms;
(iv) the failure to grant time extensions to
which the contractor is entitled under the terms of the contract;
(v) the failure to compensate the contractor
for occurrences for which the contract provides a remedy;
(vi) suspension, cancellation or termination
of the contract;
(vii) rejection by
the Board, in whole or in part, of the "work", as defined by the contract,
tendered by the contractor;
(viii)
repudiation of the entire contract prior to or at the outset of performance by
the contractor;
(ix) withholding
liquidated damages from final payment to the contractor;
(x) refusal, in whole or in part, of a
written request made by the contractor in strict accordance with the contract
to adjust the contract price, the contract time, or the scope of
work.
(C) The lists in
Subparagraph (A) and (B) of this paragraph herein should not be considered
exhaustive but are merely illustrative in nature.
(7) Goods--Supplies, materials or
equipment.
(8) Project--As defined
in Government Code §
2166.001, a building
construction project that is financed wholly or partly by a specific
appropriation, bond issue or federal money, including the construction of:
(A) a building, structure, or appurtenant
facility or utility, including the acquisition and installation of original
equipment and original furnishing; and
(B) an addition to, or alteration,
modification, rehabilitation or repair of an existing building, structure, or
appurtenant facility or utility.
(9) Services--The furnishing of skilled or
unskilled labor or consulting or professional work, or a combination thereof,
excluding the labor of an employee of the Board.
