Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.6 - Contract Claim Procedure for Comprehensive Development Agreements and Certain Design-Build Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section concerns processing and resolution of a claim under Transportation
				  Code, §
										201.112 that
				  arises under a comprehensive development agreement (CDA) or design-build
				  contract.
(b) Applicability.
(1) The executive director may enter into a
				  CDA or design-build contract containing a claim procedure and provisions
				  authorized by this section. When a claim arises under a CDA or design-build
				  contract containing a claim procedure authorized by this section, the
				  requirements of this section apply, §
											9.2 of
				  this subchapter (relating to Contract Claim Procedure) does not apply, and the
				  parties shall follow the claim procedure contained in the CDA or design-build
				  contract and shall be bound by the outcome of the claim procedure. If a CDA or
				  design-build contract does not contain a claim procedure authorized by this
				  section, either by express reference to this section or by inclusion of
				  provisions required or permitted by this section, then a claim under the
				  agreement shall be processed and resolved under §
											9.2 of
				  this subchapter.
(2) The claim
				  procedure and provisions authorized by this section may be applied to claims
				  that arise under the CDA or design-build contract, related agreements that
				  collectively constitute a CDA or design-build contract, or other agreements
				  entered into with or for the benefit of the department in connection with the
				  CDA or design-build contract. A CDA or design-build contract shall identify the
				  related agreements and any other agreements to which the claim procedure and
				  provisions apply.
(3) This section
				  and §
											9.2 of
				  this subchapter do not affect or impede the department's or the developer's or
				  design-build contractor's rights to seek judicial relief in connection with the
				  following types of actions or proceedings, and the claim procedures and
				  provisions in this section or in §
											9.2 of
				  this subchapter do not apply to such actions:
(A) equitable relief that the department is
				  permitted to seek to the extent allowed by law;
(B) mandamus action that a developer or
				  design-build contractor is permitted to bring against the department or the
				  executive director under Government Code, §
												22.002(c);
(C) mandamus relief sought by a developer
				  under Transportation Code, §
												223.208(e)
				  (relating to termination compensation and related security obligations);
				  or
(D) other matters or disputes
				  expressly excluded from the dispute resolution procedures authorized by this
				  section, as specified in the CDA or design-build contract or other related
				  agreement between the department and the developer or design-build contractor
				  that is part of the CDA or design-build contract.