SECTION 732.109. Requirements for Notice of Claim of Breach of Contract

(a) A Contractor asserting a claim of breach of contract under Chapter 2260 of the Texas Government Code must file notice of the claim as provided in this section.

(b) The notice of the claim must be:

(1) in writing and signed by the Contractor or the Contractor's authorized representative; and

(2) delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the:

(A) contract signatory for the Department of the region or state office division which signed the contract;

(B) The person designated in the contract as the appropriate receiver of legal notice; or

(C) the Commissioner of the Department.

(c) The notice must state in detail:

(1) 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;

(2) a description of damages that are recoverable under §2260.003 of the Texas Government Code that the Contractor asserts resulted from the alleged breach, including the amount and method used to calculate those damages; and

(3) the legal theory of recovery, including the relationship between the alleged breach and the damages claimed.

(d) The notice of claim must be delivered no later than the 180th Day after the date of the event that the Contractor asserts as the basis of the claim.

Source Note: The provisions of this §732.109 adopted to be effective February 2, 2021, 46 TexReg 842