Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 1 - FINANCE COMMISSION OF TEXAS
Chapter 10 - CONTRACT PROCEDURES
Subchapter A - NEGOTIATION AND MEDIATION
Section 10.5 - Notice of Claim of Breach of Contract
Universal Citation: 7 TX Admin Code ยง 10.5
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 Finance 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 Finance 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 relationship
between the alleged breach and the damages claimed.
(c) The notice of claim shall be delivered no later than 180 calendar days after the date of the event that the contractor asserts as the basis of the claim.
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