The Commissioner, after giving due notice to the Contractor and its Sureties, will have full power and authority to take the prosecution of the Work out of the hands of the Contractor without violating the terms of the Contract if the Contractor commits any of the following events of default:
as required in 1806, “Determination and Extension of Contact Time”
Materials to ensure prompt completion of the Work as required in 1804.1, “Prosecution Control”
Unauthorized Work”
1803.3, “Temporary Suspensions”
unacceptable as required in 1512, “Unacceptable and Unauthorized Work”
required by 1803.3, “Temporary Suspensions”
bankruptcy petition
suppliers for labor or Materials
The Engineer will give the Contractor and Sureties written notice of any default, and will identify the facts of the events of default together with a demand that the Contractor correct such events of default to the satisfaction of the Engineer. If within a period of 10 Business Days after such notice the Contractor and Sureties fail to correct the identified events of default, the Commissioner will exercise any lawful authority and take any lawful action with respect to such default and with respect to securing performance of the Work. The Contractor and Department acknowledge the following:
the Contractor and Sureties or to their authorized representatives, including persons in charge of their offices
stamped envelope containing the notice is registered and deposited in any post office or U.S. letter box in the State The Commissioner's authority to take the prosecution of the Work out of the hands of the Contractor shall include the right to appropriate or use any or all Materials and E quipment on the ground as may be suitable and acceptable, and to enter into an agreement with others for completion of the Work according to the terms and provisions of the Contract, or to use such other methods as may be required to complete the Work in an acceptable manner. The Department will deduct all costs and charges incurred by the Department, together with the cost of completing the Work under Contract, from any moneys due the Contractor or that would have become due the Contractor under the Contract if the Contractor had completed the Work . If the cost and charges incurred by the Department exceed the amount that would have been payable under the Contract, the Contractor and the Sureties shall be liable for the excess. If a default of the Contractor is later determined to be without cause, the default of the Contractor will revert to a termination of the Contract in the best public interest as allowed in 1809, “Termination of Contract.”
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