7-12-4152. Procedure if person entering contract defaults on work. (1) If the contractor or owner who may have taken any contract does not complete the same within the time limited in the contract or within such further time as the city council may give him, the city engineer shall report such delinquency to the council.
     (2) (a) The council may relet the unfinished portion of said work after pursuing the formalities prescribed in 7-12-4141 through 7-12-4145 for the letting of the whole in the first instance.
     (b) The city shall have the right, at its option, to complete the contract and deduct any cost in excess of the contract price thereof from any money, bonds, or warrants due such contractor or owners. In the event there is no money, bonds, or warrants due such contractor or owners from which to deduct such cost, then the city shall have the right to sue such contractor or owners and recover from him such cost.

     History: En. Sec. 11, Ch. 89, L. 1913; amd. Sec. 6, Ch. 142, L. 1915; re-en. Sec. 5235, R.C.M. 1921; re-en. Sec. 5235, R.C.M. 1935; R.C.M. 1947, 11-2212.