Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 732 - CONTRACTED SERVICES
Subchapter A - DISPUTE RESOLUTION
Section 732.109 - Requirements for Notice of Claim of Breach of Contract
Universal Citation: 40 TX Admin Code ยง 732.109
Current through Reg. 49, No. 38; September 20, 2024
(a) A Contractor asserting a claim of breach of contract under Chapter 2260 of the Texas Government Code must file notice of the claim as provided in this section.
(b) The notice of the claim must be:
(1) in writing and signed by the Contractor
or the Contractor's authorized representative; and
(2) delivered by hand, certified mail return
receipt requested, or other verifiable delivery service, to the:
(A) contract signatory for the Department of
the region or state office division which signed the contract;
(B) The person designated in the contract as
the appropriate receiver of legal notice; or
(C) the Commissioner of the
Department.
(c) The notice must state in detail:
(1) 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;
(2) a
description of damages that are recoverable under §
2260.003 of the Texas
Government Code that the Contractor asserts resulted from the alleged breach,
including the amount and method used to calculate those damages; and
(3) the legal theory of recovery, including
the relationship between the alleged breach and the damages claimed.
(d) The notice of claim must be delivered no later than the 180th Day after the date of the event that the Contractor asserts as the basis of the claim.
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