State v. Clark

GAMMAGE, Justice.

The State of Texas and the State Department of Highways and Public Transportation [State] seek a writ of mandamus to compel the vacation of an order entered by the trial court. We will deny the requested relief.

This dispute arises out of a road construction contract between CPW Construction Company [CFW] and the State, under which CFW was to construct certain highway improvements for the State. The parties executed a standard form road construction contract, which provided a mandatory arbitration process for the resolution of all disputes arising under the contract. The State…