El Paso County v. Sunlight Enterprises Co., Inc.

OPINION

STEVEN L. HUGHES, Justice

Since 1891, Texas law has provided that a contract stipulation requiring a claimant to give notice of a claim for damages as a condition precedent to the right to sue on the contract is not valid unless it is reasonable, and that a stipulation requiring notification within less than 90 days is void. Tex. Civ, PRAC, & Rem. Code Ann. § 16.071(a) (West 2015). The construction contract between Sunlight Enterprises Co., Inc. and El Paso County provides that any contractor claims for additional compensation and extension of time are waived unless submitted to the…