This chapter does not apply to:
(1) claims for personal injury or wrongful death arising
from a breach of contract;
(2) an action of the board for which the contractor
is entitled to a specific remedy pursuant to state or federal constitution
or statute;
(3) contracts that are:
(A) between the board and:
(i) the federal government or its agencies, another
state, or another nation;
(ii) a unit of state government; or
(iii) a local governmental body, or a political subdivision
of another state;
(B) between a subcontractor and a contractor;
(C) within the exclusive jurisdiction of:
(i) a state or local regulatory body; or
(ii) a federal court or regulatory body; or
(D) solely and entirely funded by federal grant monies
other than for a project defined in §380.3(12) of this title
(relating to Definitions); and
(4) a claim for breach of contract to which Chapter
114, Civil Practices and Remedies Code, applies.
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