Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES
Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
Division 2 - NEGOTIATION
Section 7.906 - Notice of Claim of Breach of Contract
Universal Citation: 40 TX Admin Code ยง 7.906
Current through Reg. 49, No. 38; September 20, 2024
(a) A contractor asserting a claim of breach of contract under the Government Code, Chapter 2260, shall file 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 by hand, certified mail
return receipt requested, or other verifiable delivery service, to the officer
of the unit of state government designated in the contract to receive a notice
of claim of breach of contract under the Government Code, Chapter 2260; if no
person is designated in the contract, the notice shall be delivered to the
unit's chief administrative officer, 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 damages that resulted
from the alleged breach, including the 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 as required by subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the unit's evaluation of the contractor's claim.
(d) The 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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