§ 114.008.No Waiver of Immunity to Suit for Tort Liability

A contract waiver, guarded against the theories that usually accompany a construction dispute.

Three torts are named. Negligence, fraud, and tortious interference with a contract — the claims most often pleaded beside a breach.

The list ends with any other tort, so naming the three adds emphasis without narrowing the rule.

Fraud is named for a reason. A contractor who believes an agency misrepresented site conditions or concealed a design defect has a natural fraud theory, and this section closes it.

Tortious interference is named for a related reason. A claim that the agency interfered with the contractor’s agreements with its own subcontractors would otherwise route around the chapter.

The limit works with the damages cap. Tort claims carry consequential and exemplary damages, both of which Section 114.004(b) forbids, so allowing the tort would undo the cap.

Tort exposure of governmental units lives in Chapter 101, which sets its own narrow terms.

The exclusion protects the damages ceiling. A tort theory would carry consequential and exemplary damages into a case where Section 114.004(b) forbids both.

It also fixes what the case is about. The question becomes whether the agency did what the contract required, which is a narrower inquiry than whether anyone behaved badly.