Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 1 - FINANCE COMMISSION OF TEXAS
Chapter 10 - CONTRACT PROCEDURES
Subchapter A - NEGOTIATION AND MEDIATION
Section 10.6 - Agency Counterclaim
Universal Citation: 7 TX Admin Code ยง 10.6
Current through Reg. 49, No. 38; September 20, 2024
(a) A Finance Unit of state government asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section.
(b) The notice of counterclaim shall:
(1) be in
writing;
(2) be delivered by hand,
certified mail return receipt requested or other verifiable delivery service to
the contractor or representative of the contractor who signed the notice of
claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
sought, including the amount and method used to calculate those damages or
offsets; and
(C) the legal theory
supporting the counterclaim.
(c) The notice of counterclaim shall be delivered to the contractor no later than 60 calendar days after the Finance Unit of state government's receipt of the contractor's notice of claim.
(d) Nothing in this subchapter precludes the Finance Unit of state government from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.
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