(a) To assert a counterclaim under Government Code, Chapter 2260, the agency shall file a notice of the counterclaim as provided under this section.
(b) The notice of counterclaim shall:
  (1) be written;
  (2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and
  (3) state in detail:
    (A) the nature of the counterclaim; and
    (B) a description of the damages or offsets that the agency seeks, including the amount and method that the agency has used to calculate those damages or offsets; and
    (C) the legal theory for recovery under the counterclaim.
(c) In addition to the mandatory contents of the notice of counterclaim that are required under subsection (b) of this section, the agency may submit documentation or other tangible evidence to aid the contractor's evaluation of the agency's counterclaim.
(d) The notice of counterclaim shall be delivered to the contractor not later than 90 days after the agency's receipt of the contractor's notice of claim.
(e) Nothing herein precludes the agency from initiation of a lawsuit for damages against the contractor.

Source Note: The provisions of this §456.6 adopted to be effective June 5, 2008, 33 TexReg 4344