Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 71 - GENERAL POLICIES AND PROCEDURES
Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES
Section 71.93 - Agency Counterclaim
Universal Citation: 1 TX Admin Code ยง 71.93
Current through Reg. 49, No. 12; March 22, 2024
(a) A unit of state government asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section.
(b) The notice of counterclaim shall:
(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) The notice of counterclaim shall be delivered to the contractor no later than 90 calendar days after the unit of state government's receipt of the contractor's notice of claim.
(d) Nothing herein precludes the unit 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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