SECTION 20.31. Notice of Claim of Breach of Contract

(a) A contractor may not assert a claim of breach of contract by the Commission under Texas Government Code, Chapter 2260, unless the contractor complies with each of the following requirements:

(1) the contractor shall deliver a written notice of the claim to the Director by hand, certified mail return receipt requested, or other verifiable delivery service;

(2) the contractor or the contractor's authorized representative shall sign the notice.

(3) The written notice shall 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; and

(4) The contractor shall deliver the notice of claim no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.

(b) In addition to the mandatory contents of the notice of claim as required by this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the Commission's evaluation of the contractor's claim.

Source Note: The provisions of this §20.31 adopted to be effective February 12, 2004, 29 TexReg 1196