§ 114.006.No Waiver of Other Defenses

The same sentence the water supply chapter uses, and for the same reason.

Nothing is waived except a bar against suit based on sovereign immunity. Defenses and limitations on damages available to a party to a contract survive.

Immunity to suit is jurisdictional. Removing it lets the court hear the case; it does not decide whether the agency breached anything.

Contract defenses are untouched — conditions precedent, waiver, failure of the contractor’s own performance, limitations, and the notice provisions Section 114.005 preserves.

Negotiated damage limits also survive, and they sit on top of the statutory ceiling in Section 114.004.

The two limits work in the same direction. A claimant here faces the chapter’s cap and the contract’s own terms, whichever binds tighter.

The section is a caution as much as a rule. Immunity is the first hurdle in a claim against a state agency, and it is not the tallest one.

The defenses that survive are the ordinary ones. Performance, conditions precedent, waiver, limitations and the notice provisions the previous section preserves are all still available to the agency.

Immunity from liability is a separate idea from immunity to suit. This section keeps every other protection in place while removing only the bar that would stop the case at the threshold.