State agencies that adopt cost-recovery rules for private design professional errors must include notice, participation, guidelines, cost-determination, service evaluation, internal review, tracking, and a recognition that some errors or changes may occur.
Sec. 2252.905. CERTAIN RULES OR POLICIES OF STATE AGENCIES. (a) In this section: (1) "Contract" means a contract awarded by a state agency for general construction, an improvement, a service, or a public works project, including a contract subject to Section 201.112, Transportation Code. (2) "Private design professional" means an individual registered as an architect under Chapter 1051, Occupations Code, or an individual licensed as an engineer under Chapter 1001, Occupations Code, who provides professional architectural or engineering services. (3) "State agency" means a board, commission, office, department, or other agency in the judicial or executive branch of state government. (b) A rule or policy adopted by a state agency relating to the recovery of costs arising from an engineering or architectural error or omission by a private design professional on a project must: (1) provide that the private design professional be notified at the time a problem with project plans or specifications is identified by the agency; (2) provide an opportunity for the private design professional to be involved in the resolution of a problem identified under Subdivision (1); (3) provide guidelines for distinguishing an error or omission from other reasons for the submission of a change order; (4) provide a process for determining the cost of errors or omissions by private design professionals; (5) provide for an evaluation of the totality of project services provided by private design professionals, including the level of quality, performance, and value provided over the term of the entire project; (6) provide that an internal management review of the agency's claim for costs may be used, if available, without requiring that the claim be paid before the internal management review may be used; (7) provide a process for tracking the cost of errors or omissions by agency employees; and (8) recognize that some errors, omissions, or changes are likely to occur during a design and construction project. Added by Acts 2007, 80th Leg., R.S., Ch. 979 (S.B. 924), Sec. 1, eff. September 1, 2007. Renumbered from Government Code, Section 2252.904 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(47), eff. September 1, 2009.