HBA-ATS H.C.R. 64 76(R) BILL ANALYSIS Office of House Bill AnalysisH.C.R. 64 By: Brimer Civil Practices 2/24/1999 Introduced BACKGROUND AND PURPOSE On February 15, 1993, DalMac Construction Company, Inc., (DalMac) and Texas A&M University (university) entered into a contract for the construction of a recreational sports building. The university provided to DalMac the specifications and plans for the building. Delays in construction resulted when inconsistencies between the plans and specifications arose and could not be resolved by the parties in a timely manner. DalMac completed the project on or about November 17, 1995, almost 10 months behind schedule. Following the dispute resolution procedures provided by the contract, DalMac submitted to the vice chancellor of The Texas A&M University System (system) on or about October 16, 1995, a claim for $2,412,575.66 for reimbursement for time and money incurred by DalMac as a result of what DalMac believed to be performance by the company that exceeded the initial contractual requirements. The vice chancellor denied the claim. On July 10, 1996, DalMac notified the chancellor of the system that it was appealing the vice chancellor's decision. Following a three-day arbitration in College Station in which only three issues were arbitrated, at the university's insistence, DalMac proposed a settlement. The university responded with an offer of $19,000. On April 30, 1997, DalMac appealed to the Board of Regents of The Texas A&M University System and asked for a hearing to present its claim. After a forty-five minute hearing, the board of regents denied the claim. Three months later the university proposed its final offer of $204,461 to settle the claim. H.C.R. 64 grants permission to DalMac Construction Company, Inc., to sue the State of Texas and Texas A&M University subject to Chapter 107 (Permission to Sue the State), Civil Practice and Remedies Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.C.R. 64 grants permission to DalMac Construction Company, Inc., to sue the State of Texas and Texas A&M University subject to Chapter 107 (Permission to Sue the State), Civil Practice and Remedies Code. Provides that the president of Texas A&M University be served process as provided by Section 107.002(a)(3) (service of process on a person named in a resolution as a representative of the affected state agency), Civil Practice and Remedies Code.