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Tex. Gov't Code § 2251.0521

UNSIGNED CHANGE ORDER

Added by Acts 2023, 88th Leg., R.S., Ch. 533 (H.B. 3485), Sec. 1, eff

(a) In this section:

(1) "Public work contract" has the meaning assigned by Section 2253.001.

(2) "Subcontract" means a contract between a subcontractor and a vendor who is providing services under a public work contract.

(b) A vendor may elect not to proceed with additional work directed by a governmental entity under a public work contract if:

(1) the vendor has not received a written, fully executed change order for the governmental entity-directed additional work; and

(2) the aggregate actual or anticipated value of the additional work under the vendor's contract terms plus any previous governmental entity-directed additional work for which the vendor has not received a written, fully executed change order exceeds 10 percent of the vendor's original public work contract amount.

(c) A subcontractor may elect not to proceed with additional work directed by a vendor under a subcontract if:

(1) the subcontractor has not received a written, fully executed change order for the governmental entity-directed additional work from the vendor; and

(2) the aggregate actual or anticipated value of the additional work under the subcontractor's subcontract terms plus any previous governmental entity-directed additional work for which the subcontractor has not received a written, fully executed change order exceeds 10 percent of the subcontractor's subcontract amount.

(d) A vendor or subcontractor who elects not to proceed with additional work as provided by this section is not responsible for damages associated with the election not to proceed.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.