| (a) A contractor asserting a claim of breach of contract under
the Texas 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) clearly and unambiguously identify itself as a notice of
claim for damages;
(3) 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 the
Texas Government Code, Chapter 2260; if no person is designated in the contract,
the notice shall be delivered to the office of the director of the department,
and
(4) provide a detailed statement of the following:
(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) an itemization 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 for each damage claim.
(c) In addition to the mandatory contents of the notice of
claim as required by subsection (b) of this section, the contractor should
submit appropriate 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 to be the basis
of the claim.
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