| (a) A contractor asserting a claim for breach of contract shall
file notice 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 Commission's representative
designated in the contract to receive a notice of claim of breach of contract.
If no person is designated in the contract, the notice shall be delivered
to the executive director, 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, 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 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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