| (a) A Contractor asserting a claim of breach of contract
under Chapter 2260 of the Texas Government Code must file notice of
the claim as provided in this section.
(b) The notice of the claim must be:
(1) in writing and signed by the Contractor or the
Contractor's authorized representative; and
(2) delivered by hand, certified mail return receipt
requested, or other verifiable delivery service, to the:
(A) contract signatory for the Department of the region
or state office division which signed the contract;
(B) The person designated in the contract as the appropriate
receiver of legal notice; or
(C) the Commissioner of the Department.
(c) The notice must state in detail:
(1) 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;
(2) a description of damages that are recoverable under §2260.003
of the Texas Government Code that the Contractor asserts resulted
from the alleged breach, including the amount and method used to calculate
those damages; and
(3) the legal theory of recovery, including the relationship
between the alleged breach and the damages claimed.
(d) The notice of claim must be delivered no later
than the 180th Day after the date of the event that the Contractor
asserts as the basis of the claim.
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