(a) To assert a counterclaim under Government Code, Chapter
2260, the agency shall file a notice of the counterclaim as provided under
this section.
(b) The notice of counterclaim shall:
(1) be written;
(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; and
(B) a description of the damages or offsets that the agency
seeks, including the amount and method that the agency has used to calculate
those damages or offsets; and
(C) the legal theory for recovery under the counterclaim.
(c) In addition to the mandatory contents of the notice of
counterclaim that are required under subsection (b) of this section, the agency
may submit documentation or other tangible evidence to aid the contractor's
evaluation of the agency's counterclaim.
(d) The notice of counterclaim shall be delivered to the contractor
not later than 90 days after the agency's receipt of the contractor's notice
of claim.
(e) Nothing herein precludes the agency from initiation of
a lawsuit for damages against the contractor.
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