| (a) A contractor asserting a claim of breach of contract
under the Texas Government Code, Chapter 2260, must file notice of
the claim as provided by this section.
(b) The notice of claim must:
(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 officer of
the commission designated in the contract to receive a notice of claim
of breach of contract under the Texas Government Code, Chapter 2260;
if no person is designated in the contract, the notice must be delivered
to the commission's chief administrative officer, 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 as required by subsection (b) of this section, 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 must be delivered no later
than 180 days after the date of the event that the contractor asserts
as the basis of the claim.
|
