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

filed an opinion concurring in part and dissenting in part.

I do not take issue with the standard that the Court concludes the Administrative Law Judge should apply to this claim. Jones initiated the administrative proceedings under the Transportation Code, and I agree with the Court that this case need not be remanded for review under a different standard. But I disagree with the Court’s holding that the Transportation Code provides the exclusive remedy for breach of contract claims against the Texas Department of Transportation. The statutory provision allowing for an administrative remedy…