§ 36-3-115 — Failure in construction

(1) Upon the failure of any parties having
contracts with the state for the construction of irrigation works to begin the same
within the time specified by law, or to carry on work as provided in their contract, or
to complete the same within the time or in accordance with the specifications of the
contract with the board and the provisions of this article, it is the duty of the
register to give such parties written notice of such failure. In the event the board
has extended the time of the beginning or of completing the whole or any part of
the construction work beyond the time set forth in the contract between the state
and the party submitting the proposal, then the conditions and penalties of this
section shall not apply to or be enforceable against the parties constructing the
project until the time the extensions have expired.

(2) If, after a period of sixty days they have failed to proceed with the work or
to conform to the specifications and conditions of their contract with the state, it is
the duty of the board to declare the bond and contract of such parties forfeited to
the state. The board shall notify the contractors of the forfeiture of the contract, by
letter to the address given in the proposal, and give notice once a week for a period
of four weeks, in some newspaper of general circulation in the county in which the
work is situated, and in one newspaper at the state capital in like manner and for a
like period. Upon a day fixed, proposals will be received at the office of the register,
at the capitol at Denver, for the purchase of the incompleted works and for the
completion of the contract.

(3) The time for receiving bids shall be at least sixty days after the issuance
of first notice of forfeiture. The money received from the sale of partially completed
works under the provisions of section 36-3-114 shall first be applied to the expense
incurred by the state in their forfeiture and disposal to satisfy the bond and to the
satisfaction, pro rata, of the adjudicated liens for labor or materials. The surplus, if
any exists, shall be paid to the original contractors with the state.

Legislative History

Source: L. 1895: p. 162, � 13. R.S. 08: � 5150. L. 11: p. 301, � 2. C.L. � 1135. CSA: C. 134, � 33. CRS 53: � 112-2-15. C.R.S. 1963: � 112-2-15.