SECTION 391.723. HHSC Counterclaim

(a) HHSC may assert a counterclaim.

(b) The notice of counterclaim must:

(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 required by subsection (b) of this section, HHSC may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of HHSC counterclaim.

(d) The notice of counterclaim must be delivered to the contractor no later than 60 days after HHSC receives the contractor's notice of claim.

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

Source Note: The provisions of this §391.723 adopted to be effective May 12, 2021, 46 TexReg 3017