16 Tex. Admin. Code § 403.204

Current through Register Vol. 49, No. 48, November 29, 2024

Section 403.204 - Notice of Claim of Breach of Contract

(a) A contractor asserting a claim for breach of contract shall file notice as provided by this section.

(b) The notice of claim shall:

(1) be in writing and signed by the contractor or the contractor's authorized representative;

(2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the Commission's representative designated in the contract to receive a notice of claim of breach of contract. If no person is designated in the contract, the notice shall be delivered to the executive director, and

(3) state in detail:

(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;

(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and

(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.

(c) In addition to the mandatory contents of the notice of claim, the contractor may submit supporting documentation or other tangible evidence to facilitate the Commission's evaluation of the contractor's claim.

(d) The notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.

16 Tex. Admin. Code § 403.204

The provisions of this §403.204 adopted to be effective October 2, 2000, 25 TexReg 9953