40 Tex. Admin. Code § 7.910 - Timetable
(a) Following
receipt of a contractor's notice of claim, the chief administrative officer of
the unit of state government or other designated representative shall review
the contractor's claim(s) and the unit's counterclaim(s), if any, and initiate
negotiations with the contractor to attempt to resolve the claim(s) and
counterclaim(s).
(b) Subject to
subsection (c) of this section, the parties shall 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 unit of state government receives the contractor's notice of
claim.
(c) The unit of
state government may delay negotiations until after 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 unit 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 set forth in subsections (b) or (c) of this section,
whichever is applicable.
(e)
Subject to subsection (f) of this section, the parties shall 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 unit of state government 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 unit of state government receives the contractor's notice of claim. The
agreement shall be signed by representatives of the parties with authority to
bind each respective party and shall 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) pursuant to § 417.915 of this title (relating to Request
for Contested Case Hearing) after the 270th day after the unit 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 unit of state government
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 Division 3 of this subchapter.
(i) Nothing in this section is intended to
prevent 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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