Montana Code 7-12-2139. Procedure if person entering contract defaults on work
7-12-2139. Procedure if person entering contract defaults on work. (1) If the contractor who may have taken a contract does not complete the contract within the time limited in the contract or within a further time that may be given, the engineer selected as provided in this part shall report the delinquency to the board of county commissioners.
Terms Used In Montana Code 7-12-2139
- board of county commissioners: includes any body or board that under the law is the legislative department of the government of the county. See Montana Code 7-12-2101
- Contract: A legal written agreement that becomes binding when signed.
- engineer: as used in this part , means the person, firm, or corporation designated by the board of county commissioners as the engineer for the improvement. See Montana Code 7-12-2101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)(a) The board may relet the unfinished portion of the work after pursuing the formalities prescribed in 7-12-2131 through 7-12-2137 for the letting of the contract in the first instance.
(b)The board may complete the contract and deduct any cost in excess of the contract price from any money, bond, or warrant due the contractor. If there is no money, bond, or warrant due the contractor from which to deduct the cost, then the board may sue the contractor and recover the costs.