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Digest
HB 2463 seeks to amend the Texas Government Code to address compensatory damages in governmental construction contracts. It mandates that a construction contract with a governmental entity must not include provisions that prohibit compensatory damages to contractors for delays solely caused by the governmental entity or parties it is responsible for. Compensatory damages are defined as costs directly incurred due to delays, excluding special, consequential, and other specified indirect costs. The bill also allows contracts to set conditions for claiming damages, such as requiring notice or proof of costs, and prohibits waivers of these provisions. Certain types of contracts, such as those for natural disaster recovery, are exempt. The changes apply to contracts executed on or after September 1, 2025.
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