Yetter Coleman partner Grant Martinez co-authored an article in the Spring issue of The Advocate, published by the Litigation Section of the State Bar of Texas, which examines the evolving legal framework governing breach-of-contract claims against government entities in Texas.
Martinez co-authored the article titled “One-sided Bargains? Litigating Government Contracts” with Jonathan Fombonne, Harris County Attorney. They write that contracting with a government entity does not always mean a contractor can enforce that agreement in court. The authors explain that while the government may be held liable for breach of contract, immunity from suit often remains unless the Legislature has clearly waived it. As a result, contractors must affirmatively establish that waiver before a case can proceed.
Martinez and Fombonne outline how statutory frameworks shape those claims, often limiting available remedies and procedural paths even when a waiver exists. They also explore how immunity applies differently across entities, noting that municipalities, state agencies and counties are subject to distinct statutory frameworks and limitations.
The article also traces how courts have narrowed non-legislative routes to suit, rejecting theories such as waiver by conduct and reinforcing that entering into a contract alone does not waive immunity.
In the article, Martinez and Fombonne provide practical drafting considerations for contractors, emphasizing the importance of clear contract terms and early attention to jurisdictional issues.
Martinez focuses his practice on high-stakes appeals and complex commercial and government litigation.
Read the full article here.