City of San Antonio v. KGME, Inc
In City of San Antonio v. KGME, Inc., 340 S.W.3d 870 (Tex. App.--San Antonio 2011, no pet.), the contractors encountered newly-discovered conditions at the work site and alleged the City breached the contract by refusing to issue change orders to accommodate the necessary additional work. Id. at 874.
The Court held the trial court properly denied the City's plea to the jurisdiction because the evidence raised fact issues pertaining to the breach and whether there was a balance due and owing to the contractor. Id. at 874-75.