| (a) The commission asserting a counterclaim under the
Texas Government Code, Chapter 2260, will file notice of the counterclaim
as provided by this section.
(b) The notice of counterclaim will:
(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, the commission
may submit supporting documentation or other tangible evidence to
facilitate the contractor's evaluation of the commission's counterclaim.
(d) The notice of counterclaim will be delivered to
the contractor no later than 90 days after the commission's receipt
of the contractor's notice of claim.
(e) Nothing herein precludes the commission from initiating
a lawsuit for damages against the contractor in a court of competent
jurisdiction.
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