SECTION 732.111. Department Counterclaims  


Latest version.
  • (a) The Department may assert a counterclaim under Chapter 2260 of the Government Code, as provided in this section. The counterclaim must be:

    (1) in writing; and

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

    (b) The notice must 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) The notice of counterclaim must be delivered to the Contractor no later than the 60th Day after the Department's receipt of the Contractor's notice of claim.

    (d) Nothing in this subchapter precludes the Department from initiating a lawsuit for damages against the Contractor in a court of competent jurisdiction.

Source Note: The provisions of this §732.111 adopted to be effective February 2, 2021, 46 TexReg 842