(a) A contractor or subcontractor may elect not to proceed with additional work directed by an owner if:
(1) the contractor or subcontractor has not received a written, fully executed change order for the owner-directed additional work; and
(2) the aggregate actual or anticipated value of the additional work plus any previous owner-directed additional work for which the contractor or subcontractor has not received a written, fully executed change order exceeds 10 percent of the contractor’s or subcontractor’s original contract amount.
(b) A contractor 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.

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Terms Used In Texas Property Code 28.0091

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005