§ 32 — Performance of contracts

§ 32. Performance of contracts. The performance of every contract for\nthe improvement, maintenance or repair of the canal system shall be\nunder the supervision and control of the corporation, and it shall be\nits duty to see that every such contract is performed in accordance with\nthe provisions of the contract and with the plans and specifications\nforming a part thereof. If the corporation shall determine that the work\nupon any contract for the improvement, maintenance or repair of the\ncanal system is not being performed according to the contract or for the\nbest interest of the state, including the corporation, the execution of\nthe work by the contractor may be temporarily suspended by the\ncorporation, who may then proceed with the work under its own direction\nin such manner as will accord with the contract specifications and be\nfor the best interest of the state including the corporation,; or it may\nterminate the contractor's employment under the contract while it is in\nprogress, and thereupon, proceed with the work, in affirmance of the\ncontract, by contract negotiated or publicly let, by the use of its own\nforces, by calling upon the surety to complete the work in accordance\nwith the plans and specifications or by a combination of any such\nmethods; or it may cancel the contract and readvertise and relet the\nwork as provided in section thirty of this article. Any excess in the\ncost of completing the contract beyond the price for which it was\noriginally awarded shall be charged to and paid by the contractor\nfailing to perform the work or by such contractor's surety. Where the\nestimate for the completion of a cancelled contract is in excess of the\nbalance of the amount originally set aside by the state including the\ncorporation, to provide for the improvement, maintenance or repair of\nthe canal system, or a part thereof, together with any amount otherwise\nprovided, the corporation is authorized to set aside from any funds\navailable for the improvement, maintenance or repair of the canal\nsystem, or a part thereof, an additional sum equal to such excess and to\npay such excess in the first instance, pending recovery of excess cost\nfrom the defaulting contractor and surety, as provided in this section.\nEvery contract for the improvement, maintenance or repair of the canal\nsystem, or a part thereof, shall reserve to the corporation the right to\nsuspend or cancel the contract as above provided, and to complete the\nwork thereunder by contract negotiated or publicly let or by the use of\nits own forces, or affirm the contract and thereupon to complete the\nwork thereunder according to any of the methods above provided as the\ncorporation may determine.\n