Section 380.21 - Submitting a Notice of Claim for Breach of Contract(a) A contractor asserting a claim for breach of contract under Texas Government Code, Chapter 2260, shall file written notice of the claim 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 to the board employee designated in the contract to receive the notice and the board's general counsel or, if no employee is designated in the contract to receive notice, the notice shall be delivered to the board's executive administrator and the board's general counsel. The written notice of claim must be delivered by: (A) certified mail, return receipt requested;(C) other verifiable delivery service; 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 the damages that resulted from the alleged breach, including the total dollar 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 required by subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the board's evaluation of the contractor's claim.(d) The written 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.31 Tex. Admin. Code § 380.21
The provisions of this §380.21 adopted to be effective April 11, 2001, 26 TexReg 2746