SECTION 11.104. Filing Notice of Claim for Breach of Contract; Counterclaim

A contractor asserting a claim that the agency has breached a contract must file a notice of claim as follows.

(1) The notice of claim must fully describe the claim in writing on a form to be determined by the agency and must be signed by the contractor or an authorized representative.

(2) The notice of claim must be filed with the agency's chief clerk no later than 180 days after the event that the contractor asserts as the basis of the claim. The contractor must reference the docket number assigned by the chief clerk in any documents subsequently filed which pertain to the notice of claim.

(3) Copies of the written notice of claim and all other documents filed with the chief clerk must be served on the executive director and the deputy director of Office of Legal Services no later than the day of filing.

(4) The executive director shall file any appropriate counterclaim with the chief clerk within 60 days after the filing of the notice of claim and provide a copy to the contractor.

Source Note: The provisions of this §11.104 adopted to be effective August 20, 2000, 25 TexReg 7719; amended to be effective June 21, 2006, 31 TexReg 4866