7-12-2139. Procedure if person entering contract defaults on work. (1) If the contractor who may have taken any contract does not complete the same within the time limited in the contract or within such further time as may be given him, the engineer selected as hereinbefore provided shall report such delinquency to the board of county commissioners.
     (2) (a) The board may relet the unfinished portion of said work after pursuing the formalities prescribed in 7-12-2131 through 7-12-2137 for the letting of the whole in the first instance.
     (b) The board shall have the right, in its option, to complete the contract and deduct any cost in excess of the contract price thereof from any money, bond, or warrant due such contractor. In the event there is no money, bond, or warrant due such contractor from which to deduct such cost, then the board shall have the right to sue such contractor and recover from him such costs.

     History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 8, Ch. 147, L. 1921; re-en. Sec. 4581, R.C.M. 1921; re-en. Sec. 4581, R.C.M. 1935; R.C.M. 1947, 16-1608.