(a) If the board asserts a counterclaim under Texas Government Code, Chapter 2260, it shall file written notice of the counterclaim as provided by this section.
(b) The notice of counterclaim shall:
  (1) be in writing;
  (2) be delivered to the contractor or representative of the contractor who signed the notice of claim for breach of contract. The counterclaim shall be delivered by:
    (A) certified mail, return receipt requested;
    (B) hand-delivery; or
    (C) other verifiable delivery service; and
  (3) state in detail:
    (A) the nature of the counterclaim;
    (B) a description of the 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, the board may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the board's counterclaim.
(d) The notice of counterclaim shall be delivered to the contractor no later than 60 days after the board's receipt of the contractor's written notice of claim for breach of contract.
(e) Nothing in this chapter precludes the board from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.

Source Note: The provisions of this §380.22 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective February 9, 2006, 31 TexReg 706