Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC
Division 2 - NEGOTIATION
Section 391.723 - HHSC Counterclaim
Universal Citation: 1 TX Admin Code ยง 391.723
Current through Reg. 49, No. 38; September 20, 2024
(a) HHSC may assert a counterclaim.
(b) The notice of counterclaim must:
(1) be in
writing;
(2) be delivered by hand,
certified-mail return receipt requested, or other verifiable delivery service
to the contractor or representative of the contractor who signed the notice of
claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or
offsets sought, including the amount and method used to calculate those damages
or offsets; and
(C) the legal
theory supporting the counterclaim.
(c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, HHSC may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of HHSC counterclaim.
(d) The notice of counterclaim must be delivered to the contractor no later than 60 days after HHSC receives the contractor's notice of claim.
(e) Nothing herein precludes HHSC from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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