| (a) A unit of state government asserting a counterclaim under
the Government Code, Chapter 2260, shall file notice of the counterclaim as
provided by this section.
(b) The notice of counterclaim shall:
(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) The notice of counterclaim shall be delivered to the contractor
no later than 90 calendar days after the unit of state government's receipt
of the contractor's notice of claim.
(d) Nothing herein precludes the unit from initiating a lawsuit
for damages against the contractor in a court of competent jurisdiction.
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