By Matt D. Roland
Presented to the State Bar of Texas Government Law 101 Conference
This paper outlines key concepts for negotiating government contracts, and for litigating contract claims involving government entities. It examines the many differences between Texas immunity waiver statutes, and the types of damages recoverable under each statute in contract claims against public entities. The paper also addresses considerations for preserving (and waiving) governmental immunity, including developments in Texas case law analyzing immunity protections for certain contract claims. Finally, the paper closes with drafting tips to consider when negotiating contracts on behalf of a public entity.