16 Tex. Admin. Code § 27.83 - Agency Counterclaim
(a) The
commission asserting a counterclaim under the Texas Government Code, Chapter
2260, will file notice of the counterclaim as provided by this
section.
(b) The notice of
counterclaim will:
(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) In addition to the mandatory contents of
the notice of counterclaim required by subsection (b) of this section, the
commission may submit supporting documentation or other tangible evidence to
facilitate the contractor's evaluation of the commission's
counterclaim.
(d) The notice of
counterclaim will be delivered to the contractor no later than 90 days after
the commission's receipt of the contractor's notice of claim.
(e) Nothing herein precludes the commission
from initiating a lawsuit for damages against the contractor in a court of
competent jurisdiction.
Notes
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