40 Tex. Admin. Code § 732.111 - Department Counterclaims

(a) The Department may assert a counterclaim under Chapter 2260 of the Government Code, as provided in this section. The counterclaim must be:

(1) in writing; and

(2) delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the Contractor or the representative of the Contractor who signed the notice of claim of breach of contract.

(b) The notice must state in detail:

(1) the nature of the counterclaim;

(2) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and

(3) the legal theory supporting the counterclaim.

(c) The notice of counterclaim must be delivered to the Contractor no later than the 60th Day after the Department's receipt of the Contractor's notice of claim.

(d) Nothing in this subchapter precludes the Department from initiating a lawsuit for damages against the Contractor in a court of competent jurisdiction.

Notes

40 Tex. Admin. Code § 732.111

The provisions of this §732.111 adopted to be effective July 12, 2001, 26 TexReg 5074; amended to be effective March 1, 2014, 39 TexReg 1180; Repealed by Texas Register, Volume 40, Number 26, June 26, 2015, TexReg 4222, eff. 7/1/2015; Amended by Texas Register, Volume 46, Number 05, January 29, 2021, TexReg 0842, eff. 2/2/2021