The following words and terms, when used in this subchapter,
shall have the following meaning, unless the context clearly indicates
otherwise:
(1) Chief administrative officer--The executive director,
or other executive officer responsible for the day to day operations
of the department.
(2) Claim--A demand for damages by the contractor based
upon the department's alleged breach of the contract.
(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.
(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 this act.
(7) Department--Texas Parks and Wildlife Department.
(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 when
they have entered into a contract in connection with which a claim
of breach of contract has been filed under this chapter.
(11) Project--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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