| (a) The Department may assert a counterclaim under
Chapter 2260 of the Government Code, as provided in this section.
The counterclaim must be:
(1) in writing; and
(2) delivered by hand, certified mail return receipt
requested, or other verifiable delivery service to the Contractor
or the representative of the Contractor who signed the notice of claim
of breach of contract.
(b) The notice must state in detail:
(1) the nature of the counterclaim;
(2) a description of damages or offsets sought, including
the amount and method used to calculate those damages or offsets;
and
(3) the legal theory supporting the counterclaim.
(c) The notice of counterclaim must be delivered to
the Contractor no later than the 60th Day after the Department's receipt
of the Contractor's notice of claim.
(d) Nothing in this subchapter precludes the Department
from initiating a lawsuit for damages against the Contractor in a
court of competent jurisdiction.
|
