TX STATETexas Supreme Court
2002

Travis County v. Pelzel & Associates, Inc.

77 S.W.3d 246Texas Supreme Court • Decided 2002Voided
FLAGSHIPLiquidated DamagesCited 276 times

HOLDING

Pelzel & Associates sued Travis County for withholding $5,500 in liquidated damages from a construction contract. The Texas Supreme Court ruled that counties have sovereign immunity from payment disputes and that simply following the presentment requirement in state law does not waive that immunity. This means subcontractors cannot sue counties for contract payment disputes even if they follow all required procedures.

KEY FINDINGS

Liquidated Damages

Government entities (counties, cities, states) have sovereign immunity and cannot be sued for contract disputes unless they explicitly waive immunity in writing

FULL COURT OPINION