16 Tex. Admin. Code § 27.89 - Timetable
(a) Following receipt of a contractor's
notice of claim, the chief administrative officer of the commission or other
designated representative will review each claim of the contractor and each
counterclaim of the commission if any, and initiate negotiations with the
contractor to attempt to resolve each claim and counterclaim.
(b) Subject to subsection (c) of this
section, the parties must begin negotiations within a reasonable period of
time, not to exceed 60 days following the later of:
(1) the date of termination of the
contract;
(2) the completion date,
or substantial completion date in the case of construction projects, in the
original contract; or
(3) the date
the commission receives the contractor's notice of claim.
(c) The commission may delay negotiations
until the 180th day after the date of the event giving rise to the claim of
breach of contract by:
(1) delivering written
notice to the contractor that the commencement of negotiations will be delayed;
and
(2) delivering written notice
to the contractor when the commission is ready to begin negotiations.
(d) The parties may conduct
negotiations according to an agreed schedule as long as they begin negotiations
no later than the deadlines prescribed by subsections (b) or (c) of this
section, whichever is applicable.
(e) Subject to subsection (f) of this
section, the parties must complete the negotiations that are required by this
chapter as a prerequisite to a contractor's request for contested case hearing
no later than 270 days from the date the commission received the contractor's
notice of claim.
(f) The parties
may agree in writing to extend the time for negotiations on or before the 270th
day after the commission receives the contractor's notice of claim. The
agreement must be signed by representatives of the parties with authority to
bind each respective party and must provide for the extension of the statutory
negotiation period until a date certain. The parties may enter into a series of
written extension agreements that comply with the requirements of this
section.
(g) The contractor may
request a contested case hearing before the State Office of Administrative
Hearings (SOAH) in accordance with §
27.99 of this title (relating to
Request for Contested Case Hearing) 270 days from the date the commission
received the contractor's notice of claim, or the expiration of any extension
agreed to under subsection (f) of this section.
(h) The parties may agree to mediate the
dispute at any time before 270 days from the date the commission received the
contractor's notice of claim or before the expiration of any extension agreed
to by the parties in accordance with subsection (f) of this section. The
mediation must be governed by Division 3 of this subchapter (relating to
Mediation of Contract Disputes).
(i) Nothing in this section prohibits the
parties from agreeing to commence negotiations earlier than the deadlines
established in subsections (b) and (c) of this section, or from continuing or
resuming negotiations after the contractor requests a contested case hearing
before SOAH.
Notes
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