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

2. (b) The notice of claim must:

   1. (1) be in writing and signed by the contractor or the contractor's authorized representative;
   2. (2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the officer of the Land Office designated in the contract to receive a notice of claim of breach of contract under Texas Government Code, Chapter 2260, or, if no person is designated in the contract, to the chief administrative officer; and

   3. (3) state in detail:

      1. (A) the Land Office contract number or other information sufficient to identify the contract at issue;
      2. (B) the nature of the alleged breach of contract, including the date of the act or omission upon which contractor's claim is based, and each contractual provision allegedly breached;
      3. (C) a description of damages that resulted from the alleged breach, including the amount and method of calculation;
      4. (D) the legal theory of recovery, including the relationship between the alleged breach and the claimed damages; and
      5. (E) the address to which the Land Office must direct correspondence regarding the claim, if such address differs from the address for notices specified in the contract.
3. (c) With its notice of claim, the contractor may submit supporting documentation or other tangible evidence to facilitate the Land Office's evaluation of the contractor's claim.
4. (d) Contractor must deliver the notice of claim no later than 180 days after the date of the act or omission upon which contractor's claim is based.

Source Note:The provisions of this §3.64 adopted to be effective November 25, 2019, 44 TexReg 7186.