Dallas Area Rapid Transit Authority v. GLF Construction Company, 05-19-003930-CV, (Tex. App – Dallas, April 3, 2020)
This is an interlocutory appeal in a contractual immunity case where the Dallas Court of Appeals affirmed the denial of DART’s plea to the jurisdiction.
GLF and DART entered into a contract for GLF to built part of a DART light rail extension. In the contract, the parties agreed to an administrative dispute resolution process. According to GLF, DART’s inadequate project administration drove GLF’s costs up far beyond the contract price. GLF submitted a paragraph 50 request for equitable adjustment. GLF administratively appealed the contracting officer’s decision to an administrative judge, but the judge’s decision, while finding liability, did not list which party owed any money. In January 2019, GLF sued DART for breach of contract and to hold the resolution process unconstitutional. DART filed a plea to the jurisdiction, which was denied.
DART asserts GLF failed to exhaust its remedies under the resolution process. However, the court interpreted DART’s position as essentially stating that because GLF did not sue to challenge the judge’s decision and formally list the suit as an appeal, that this lawsuit does not qualify as an appeal of that decision, and therefore GLF did not exhaust its remedies. The court noted in this lawsuit, GLF requested a trial de novo from the administrative law judge’s decision and sought damages. As a result, the petition challenges the administrative judge’s decision within the plain meaning of the regulations and contract. The plea was properly denied.
If you would like to read this opinion click here. Panel consists of Justices Myers, Whitehill, and Reichek. Affirmed. Memorandum Opinion by Justice Whitehill. Docket page with attorney information can be found here.