| (a) If the Land Office asserts a counterclaim under
Texas Government Code, Chapter 2260, it must file notice of the counterclaim
as provided by this section.
(b) The notice of counterclaim must:
(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) With its notice of counterclaim, the Land Office
may submit supporting documentation or other tangible evidence to
facilitate the contractor's evaluation of the Land Office's counterclaim.
(d) The Land Office must deliver the notice of counterclaim
to the contractor no later than 60 days after the Land Office's receipt
of the contractor's notice of claim.
(e) Nothing herein precludes the Land Office from initiating
a lawsuit for damages against the contractor in a court of competent
jurisdiction.
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