(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.