31 Tex. Admin. Code § 3.65 - Counterclaim
(a) If the Land Office asserts a counterclaim
under Texas Government Code, Chapter 2260, it must file notice of the
counterclaim as provided by this section.
(b) The notice of counterclaim must:
(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) With its notice of counterclaim, the Land
Office may submit supporting documentation or other tangible evidence to
facilitate the contractor's evaluation of the Land Office's
counterclaim.
(d) The Land Office
must deliver the notice of counterclaim to the contractor no later than 60 days
after the Land Office's receipt of the contractor's notice of claim.
(e) Nothing herein precludes the Land Office
from initiating a lawsuit for damages against the contractor in a court of
competent jurisdiction.
Notes
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