Martin K. Eby Construction sued DART (Dallas Area Rapid Transit) over construction delays caused by design defects. The court ruled that Eby had to use DART's internal dispute process before filing a lawsuit, even though DART isn't a government agency protected by immunity. This means contractors must follow the administrative steps outlined in their contract and the client's procurement rules before going to court.
Always check your contract for dispute resolution procedures and administrative remedy requirements—you must follow them before suing, regardless of who the client is.
Design defects and delays don't automatically let you skip the administrative process. You need to exhaust internal remedies first, even if you have a strong claim.