| (a) HHSC may assert a counterclaim.
(b) The notice of counterclaim must:
(1) be in writing;
(2) be delivered by hand, certified-mail return receipt
requested, or other verifiable delivery service to the contractor
or representative of the contractor who signed the notice of claim
of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets sought, including
the amount and method used to calculate those damages or offsets;
and
(C) the legal theory supporting the counterclaim.
(c) In addition to the mandatory contents of the notice
of counterclaim required by subsection (b) of this section, HHSC may
submit supporting documentation or other tangible evidence to facilitate
the contractor's evaluation of HHSC counterclaim.
(d) The notice of counterclaim must be delivered to
the contractor no later than 60 days after HHSC receives the contractor's
notice of claim.
(e) Nothing herein precludes HHSC from initiating a
lawsuit for damages against the contractor in a court of competent
jurisdiction.
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