| (a) the department in 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 shall
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 unit may submit
supporting documentation or other tangible evidence to facilitate the contractor's
evaluation of the unit's counterclaim.
(d) The notice of counterclaim shall be delivered to the contractor
no later than 90 days after the department's receipt of the contractor's notice
of claim.
(e) Nothing herein precludes the department from initiating
a lawsuit for damages against the contractor in a court of competent jurisdiction.
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