Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 1 - MANAGEMENT
Subchapter E - PROCEDURES IN CONTESTED CASE
Section 1.31 - Provisions for Contract Claims
Current through Reg. 50, No. 13; March 28, 2025
(a) This section applies only to a contested case concerning a contract claim.
(b) If the parties to a contract agree to submit questions that arise under the contract to the decision of a department employee, the employee's decision is final and conclusive unless in making the decision, the employee is guilty of fraud, misconduct, or such gross mistake as would imply bad faith or a failure to exercise an honest judgment.
(c) This subsection applies only to a claimant's request for interest under Government Code, Chapter 2251 (the Prompt Payment Act (PPA)).
(d) An offer by the executive director to settle a claim under § 9.1 of this title or a decision by the contract claim committee under § 9.2 of this title is an offer to compromise a disputed claim. Its admission into evidence is controlled by Rule 408, Texas Rules of Evidence.