SECTION 403.205. Agency Counterclaim

(a) The Commission shall file notice of a counterclaim as provided by this section.

(b) The notice of counterclaim shall:

(1) be in writing;

(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and

(3) state in detail:

(A) the nature of the counterclaim;

(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and

(C) the legal theory supporting the counterclaim.

(c) In addition to the mandatory contents of the notice of counterclaim, 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 the counterclaim to the contractor no later than 60 days after the Commission's receipt of the contractor's notice of claim.

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

Source Note: The provisions of this §403.205 adopted to be effective October 2, 2000, 25 TexReg 9953; amended to be effective November 9, 2011, 36 TexReg 7554