SECTION 20.33. Commission Counterclaim

(a) If the Commission asserts a counterclaim under Texas Government Code, Chapter 2260, it shall deliver a written notice of the claim to the contractor, or representative of the contractor who signed the notice of claim of breach of contract, by hand, certified mail return receipt requested, or other verifiable delivery service.

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

(d) The Commission shall deliver the notice of counterclaim to the contractor no later than 90 days after the Commission's receipt of the contractor's notice of claim.

(e) Nothing in the rules in this division precludes the Commission from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.

Source Note: The provisions of this §20.33 adopted to be effective February 12, 2004, 29 TexReg 1196