The following words and terms, when used in this subchapter,
have the following meaning, unless the context clearly indicates otherwise:
(1) Chief administrative officer--The executive director
of the commission or their designee.
(2) Claim--A demand for damages by the contractor based
upon the commission's alleged breach of the contract.
(3) Commission--The Public Utility Commission of Texas.
(4) Contract--A written contract between the commission
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 commission; or
(B) to perform a project as defined by Texas Government
Code, §2166.001.
(5) Contractor--Independent contractor who has entered
into a contract directly with the commission. 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 commission; or
(C) a student at an institution of higher education.
(6) Counterclaim--A demand by the commission based
upon the contractor's claim.
(7) Day--Calendar days, not working days, unless otherwise
specified by this chapter.
(8) 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 include:
(i) the failure of the commission to timely pay for
goods and services;
(ii) the failure of the commission to pay the balance
due and owing on the contract price, including orders for additional
work, after deducting any amount owed the commission 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; or
(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 commission 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, other than by the terms provided for in the contract;
(vii) rejection by the commission, 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; or
(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 subparagraphs (A) and (B) of this
paragraph should not be considered exhaustive but are merely illustrative
in nature.
(9) Mediation--A voluntary form of dispute resolution
in which an impartial person facilitates communication between parties
to promote negotiation and settlement of disputed issues.
(10) Working day--A day on which the commission is
open for the conduct of business.
(11) Goods--Supplies, materials or equipment.
(12) Parties--The contractor and the commission that
have entered into a contract in connection with which a claim of breach
of contract has been filed under this subchapter.
(13) Project--As defined in Texas 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.
(14) 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 commission.
(15) Unit of state government or unit--The state or
an agency, department, commission (including the Public Utility Commission),
bureau, board, office, council, court, or other state entity that
is in any branch of state government that is created by the Texas
Constitution, or statute of this state, including a university system
or institution of higher education. The term does not include:
(A) a county;
(B) municipality;
(C) court of a county or municipality;
(D) special purpose district; or
(E) other political subdivision of the state.
|
