Contract Claims Flashcards
What’s the difference between immunity from suit and immunity from liability?
From suit: can’t be sued at all. This is more procedural than substantive.
From liability: can be sued but can’t be liable for damages. Could be subject to injunction.
Who can waive the state’s sovereign immunity?
Only the leg
Are 2260 or 201.112 waivers of sovereign immunity?
No, they are admin procedures for resolving disputes with the state.
When does 2260 apply?
1 Written contract
2 Between the state and a contractor
3 For goods or services
Does 2260 apply to local govt bodies?
No, only the state
What elements of damages are NOT allowed in 2260 claims?
1 Consequential damages
2 Punitive damages
3 Atty fees
2260 - What’s the first thing you have to do if you have a potential contract claim? How long do you have to do it?
Written notice - within 180 days
2260 - What’s the deadline for bringing a counter-claim?
60 days after the notice
2260 - What’s the first thing the state has to do once it finds out about a claim? How soon do they have to do it?
Negotiate - must begin within 120 days
2260 - What happens if the state can’t resolve the claim?
It MUST refer the case to SOAH
2260 - What is the standard of review for a SOAH contract claim final decision?
Abuse of discretion
2260 - At what point does SOAH have to ask the leg to appropriate funds to pay the damages?
$250k+
TC - What kind of K’s does it apply to?
Transportation, highway construction, etc.
TC - Is this more or less formal procedurally?
Less formal
TC - When would an ALJ get involved?
If a party is unhappy with the resolution process—but it’s not mandatory.
TC - What can the ALJ accomplish at the end of the line?
Just a PFD
TC - What if the agency doesn’t like the ALJ’s decision?
It can modify it basically at will. The agency then submits its final order with its own changes.
TC - What’s the standard of review for the agency’s final decision?
Substantial evidence (the default)
