Section 2251.0521 - Unsigned Change Order(a) In this section: (1) "Public work contract" has the meaning assigned by Section 2253.001. (2) "Subcontract" means a contract between a subcontractor and a vendor who is providing services under a public work contract. (b) A vendor may elect not to proceed with additional work directed by a governmental entity under a public work contract if: (1) the vendor has not received a written, fully executed change order for the governmental entity-directed additional work; and (2) the aggregate actual or anticipated value of the additional work under the vendor's contract terms plus any previous governmental entity-directed additional work for which the vendor has not received a written, fully executed change order exceeds 10 percent of the vendor's original public work contract amount. (c) A subcontractor may elect not to proceed with additional work directed by a vendor under a subcontract if: (1) the subcontractor has not received a written, fully executed change order for the governmental entity-directed additional work from the vendor; and (2) the aggregate actual or anticipated value of the additional work under the subcontractor's subcontract terms plus any previous governmental entity-directed additional work for which the subcontractor has not received a written, fully executed change order exceeds 10 percent of the subcontractor's subcontract amount. (d) A vendor or subcontractor who elects not to proceed with additional work as provided by this section is not responsible for damages associated with the election not to proceed. Tex. Gov't. Code § 2251.0521
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 533,Sec. 1, eff. 9/1/2023.