This chapter does not apply to:
  (1) claims for personal injury or wrongful death arising from a breach of contract;
  (2) an action of the board for which the contractor is entitled to a specific remedy pursuant to state or federal constitution or statute;
  (3) contracts that are:
    (A) between the board and:
      (i) the federal government or its agencies, another state, or another nation;
      (ii) a unit of state government; or
      (iii) a local governmental body, or a political subdivision of another state;
    (B) between a subcontractor and a contractor;
    (C) within the exclusive jurisdiction of:
      (i) a state or local regulatory body; or
      (ii) a federal court or regulatory body; or
    (D) solely and entirely funded by federal grant monies other than for a project defined in §380.3(12) of this title (relating to Definitions); and
  (4) a claim for breach of contract to which Chapter 114, Civil Practices and Remedies Code, applies.

Source Note: The provisions of this §380.2 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective April 26, 2023, 48 TexReg 2137