Texas Department of Transportation v. Jones Bros. Dirt & Paving Contractors, Inc.

in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice HANKINSON, Justice O’NEILL, Justice JEFFERSON and Justice RODRIGUEZ joined.

Jones Brothers Dirt & Paving Contractors’ contract with the Texas Department of Transportation provides that, prior to terminating or removing a Disadvantaged Business Enterprise (DBE) subcontractor from a project, Jones had to demonstrate “to the satisfaction of the Business Opportunity Program [BOP] Office in Austin” that the DBE was unwilling or unable to perform. We decide the appropriate standard for reviewing the BOP’s decision under the…