The following words and terms, when used in this subchapter, shall
have the following meaning, unless the context clearly indicates otherwise:
(1) Claim--A demand for damages by the contractor based upon
the department's alleged breach of a contract.
(2) Commissioner--Commissioner of Insurance of the State of
Texas.
(3) Contract--A written contract between the department 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 department; or
(B) to perform a project as defined by Government Code, §2166.001.
(4) Contractor--Independent contractor who has entered into
a contract directly with the department. 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 department; or
(C) a student at an institution of higher education.
(5) Counterclaim--A demand by the department based upon the
contractor's claim.
(6) Day--A calendar day. If an act is required to occur on
a day falling on a Saturday, Sunday, or holiday, the first working day which
is not one of these days should be counted as the required day for purpose
of that act.
(7) Department--The Texas Department of Insurance.
(8) Event--An act or omission or a series of acts or omissions
giving rise to a claim.
(9) Goods--Supplies, materials or equipment.
(10) Parties--The contractor and the department that have entered
into a contract in connection with which a claim of breach of contract has
been filed under this subchapter.
(11) Project--As defined in 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.
(12) 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 department.
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