§ 103E.551 — Contractor Default
Plain-Language Summary
When a road or highway crosses a drainage system, the road authority is responsible for maintaining bridges and culverts at the crossing at adequate hydraulic capacity. The drainage authority can require the road authority to upgrade crossings that impede drainage.
103E.551 CONTRACTOR DEFAULT.
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Subdivision 1.Notice.
If a contractor defaults in the performance of the contract, the auditor shall mail a notice of the default to the contractor, the surety of the contractor’s bond, the engineer, and the auditors of the affected counties. The notice must specify the default and state that if the default is not promptly removed and the contract completed, the unfinished portion of the contract will be awarded to another contractor. §
Subd. 2.Completing contract by surety.
If the surety of the contractor’s bond promptly proceeds with the completion of the contract, the affected auditors may grant an extension of time. If the contract is completed by the surety, the balance due on the contract must be paid to the surety, less damages incurred by the affected counties from the default. §
Subd. 3.Awarding contract; recovery on bond.
If the surety of the contractor’s bond does not undertake the completion of the contract or does not complete the contract within the time specified or extended, auditors of the affected counties shall advertise for bids to complete the contract in the manner provided in the original awarding of contracts. The drainage authority may recover the increased amounts paid to a subsequent contractor after reselling the work, and damages incurred by affected counties, from the first contractor’s bond.
History:
History: History:
1990 c 391 art 5 s 75