SB 338: Uniform General Conditions for K-12 Building Contracts

Effective June 7, 2021

In the 87th Legislature, the AGC worked with legislators of the Texas House and Texas Senate to implement a system for the adoption of uniform general conditions through the Texas Facilities Commission. Effective June 7, 2021, a school district (K-12) can adopt uniform general conditions for all district building construction contracts. Texas Education Code Section 44.035 & Texas Government Code Section 2166.305(b)

The Texas Facilities Commission will establish a committee from various interests to address concerns from architects, engineers, general contractors, mechanical contractors and trades, state building officials, individuals from the schools, through Texas Association of School Boards and Texas Association of School Administrators, and historically underutilized businesses and minority contractors.

The goal of this committee is to create a set of general conditions that could help curb school construction costs by utilizing a negotiated contract with input from the owner, architect, engineer, state, and construction teams.

The AGC promoted this legislation in an effort to reduce the costs of school contract negotiations through industry-driven agreements between the project teams who operate and oversee school district construction. The growth in Texas and its public education will be assisted by standard general conditions that address project implementation, changes, delays, and success, and could facilitate better project delivery.

The team at Cokinos | Young has assisted in school contract negotiations and dispute resolution and is available for presentations on the success of school district project delivery.


Stephanie Cook


Cokinos | Young

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Other Significant Victories for the Industry

Effective June 7, 2021: SB 1821 (Huffman/Canales) cleans up a priority bill from 2019 by specifying that: "A 'contingent fee contract' includes an amendment to a contingent fee contract if the amendment changes the scope of representation or may result in the filing of a lawsuit or the amending of a petition in an existing lawsuit." Read Further

Effective September 1, 2021: HB 19 (Leach/Taylor) ensures "rules of the road" for highway accident cases are applied in a uniform and fair manner in all Texas courtrooms. Read Further / Keep Texas Trucking

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