243.180. Engineer to let work--bidders to give bond--county commission to approve--contractor liable in default.
Engineer to let work--bidders to give bond--county commission toapprove--contractor liable in default.
243.180. 1. The district engineer shall let or offer to letthe job or labor of constructing the working sections, asdirected in the order of the county commission, announcing theterms upon and the time within which the work shall be done.
2. All successful bidders shall forthwith execute anddeliver to the engineer a bond payable to the drainage district,in at least twenty percent of the amount of the bid, withsufficient like sureties, conditioned for the faithfulperformance of the work let, in the manner and within the timespecified in the contract; the engineer shall, within fifteendays after the day bids are received, return all contracts andbonds to and file report of his proceedings in the premises, inthe office of the county clerk.
3. The county commission shall approve or reject allcontracts and bonds and cause to be spread upon its record anentry of its action thereon and give notice thereof to thecontractors. All bonds and a duplicate of all contracts shall befiled in the office of the county clerk, and when approved theyshall be recorded upon the drainage record. The countycommission may, in its discretion, for good cause, extend thetime specified in the contract for completing the construction ofthe ditch or other improvement, but such extension shall not beconstrued or deemed to have the effect of impairing the contract,or the contractor's bond, or releasing the sureties thereon.
4. If the work provided for by any contract be not performedin the manner or within the time therein fixed, or within suchadditional time as may have been granted to the contractor, thecounty commission may, in the same manner as original contractsare let, relet such portion of such work as may not have beenperformed by the contractor; provided, that the contracts shallnot be let a second time to the same person. The defaultingcontractor shall be liable on his bond for all damages, costs andexpenses occasioned by his default.
(RSMo 1939 § 12425)Prior revisions: 1929 § 10835; 1919 § 4503