31 Tex. Admin. Code § 3.67 - Timetable
(a) Following receipt of a contractor's
notice of claim, the chief administrative officer must review the contractor's
claim and the Land Office's counterclaim, if any, and initiate negotiations
with the contractor to attempt to resolve the 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 Land Office receives the contractor's notice of claim.
(c) The Land Office may delay negotiations
until after the 180th day after the date of the act or omission 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 Land Office 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 applicable deadlines set forth in 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
subchapter as a prerequisite to a contractor's request for contested case
hearing no later than 270 days after the Land Office receives 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 Land Office receives the contractor's notice of claim. The
agreement must be signed by the authorized representatives of the parties. The
parties may enter into multiple consecutive agreements to extend the time for
negotiations.
(g) The contractor
may request a contested case hearing before SOAH pursuant to §
3.72 of this subchapter (relating
to Request for Contested Case Hearing) after the 270th day after the Land
Office receives 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 the 270th day after the Land Office receives the
contractor's notice of claim or before the expiration of any extension agreed
to by the parties pursuant to subsection (f) of this section. The mediation
shall be governed by §§
3.73- 3.80 of this subchapter
(relating to Negotiation and Mediation of Certain Contract Disputes).
(i) Nothing in this section is intended to
prevent the parties from commencing 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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