Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION
Subchapter B - NEGOTIATION OF CONTRACT DISPUTES
Section 380.21 - Submitting a Notice of Claim for Breach of Contract
Universal Citation: 31 TX Admin Code ยง 380.21
Current through Reg. 49, No. 38; September 20, 2024
(a) A contractor asserting a claim for breach of contract under Texas Government Code, Chapter 2260, shall file written notice of the claim as provided by this section.
(b) The notice of claim shall:
(1) be in writing and signed by the
contractor or the contractor's authorized representative;
(2) be delivered to the board employee
designated in the contract to receive the notice and the board's general
counsel or, if no employee is designated in the contract to receive notice, the
notice shall be delivered to the board's executive administrator and the
board's general counsel. The written notice of claim must be delivered by:
(A) certified mail, return receipt
requested;
(B) hand-delivery;
or
(C) other verifiable delivery
service; and
(3) state
in detail:
(A) the nature of the alleged
breach of contract, including the date of the event that the contractor asserts
as the basis of the claim and each contractual provision allegedly
breached;
(B) a description of the
damages that resulted from the alleged breach, including the total dollar
amount and method used to calculate those damages; and
(C) the legal theory of recovery, i.e.,
breach of contract, including the causal relationship between the alleged
breach and the damages claimed.
(c) In addition to the mandatory contents of the notice of claim required by subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the board's evaluation of the contractor's claim.
(d) The written notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.
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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