(a) A contractor asserting a claim of breach of contract
under Government Code, Chapter 2260, shall file 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 by hand, certified mail return receipt
requested, or other verifiable delivery service, to the officer of
the department designated in the contract to receive a notice of claim
of breach of contract under Government Code, Chapter 2260; if no person
is designated in the contract, the notice shall be delivered to the
division director, and shall 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 department’s evaluation of the contractor's claim.
(d) The 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.
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Source Note: The provisions of this §51.204 adopted to be effective January 30, 2001, 26 TexReg 979; amended to be effective January 2, 2013, 37 TexReg 10221; amended to be effective February 16, 2017, 42 TexReg 566 |