(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 that shall:
(1) be in writing and signed by the contractor or the contractor's
authorized representative;
(2) be delivered by hand, certified mail return receipt
requested, or other verifiable delivery service to the officer of the Agency
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 executive director;
and
(3) state in detail:
(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) a description 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, i.e., breach of contract,
including the causal relationship between the alleged breach and the damages
claimed.
(b) In addition to the mandatory contents of the notice of
claim as required by subsection (a) of this section, the contractor may submit
supporting documentation or other tangible evidence to facilitate the Agency's
evaluation of the contractor's claim.
(c) The notice of claim shall be delivered no later than 180
days after the date of the event that the contractor asserts as the basis
of the claim.
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