Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 15 - TEXAS VETERANS COMMISSION
Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION
Section 456.5 - Notice of Claim of Breach of Contract
Universal Citation: 40 TX Admin Code ยง 456.5
Current through Reg. 49, No. 38; September 20, 2024
(a) A contractor who asserts a claim of breach of contract under Government Code, Chapter 2260, must file a notice of the claim as provided under this section.
(b) The notice of claim shall:
(1) be written 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 agency
officer who is designated in the contract to receive a notice of claim of
breach of contract under Government Code, Chapter 2260; if no person is
designated in the contract, then the notice shall be delivered to the agency'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 cites as the
basis of the claim and each contractual provision that the contractor alleges
has been breached;
(B) a
description of damages that resulted from the alleged breach, including the
amount and method that the contractor has used to calculate those damages;
and
(C) the legal theory for
recovery, including the causal relationship between the alleged breach and the
damages that the contractor claims.
(c) In addition to the mandatory contents of the notice of claim that are required under subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the agency's evaluation of the contractor's claim.
(d) The notice of claim shall be delivered not later than 180 days after the date of the event that the contractor cites as the basis of the claim.
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