NY Hwy L § 40 (2021)
2021 New York Laws HAY - Highway Article 3 - State Highways 40 - Authority of Commissioner of Transportation With Respect to the Performance of Contracts for Construction, Reconstruction or Improvement of State High

§  40. Authority of commissioner of transportation with respect to the   performance of contracts for construction, reconstruction or improvement   of state  highways,  highway  projects  under  the  supervision  of  the   department  of  transportation, bridges, grade crossing eliminations and   stream channel improvements; completion of work by surety;  cancellation   of contract by commissioner of transportation.The performance of every contract for the construction, reconstruction   or improvement of a state highway, bridge, grade crossing elimination or   stream channel improvement shall be under the supervision and control of   the commissioner of transportation, and it shall be his duty to see that   every  such  contract  is performed in accordance with the provisions of   the contract and with  the  plans  and  specifications  forming  a  part   thereof.  If the commissioner of transportation shall determine that the   work upon any contract for the construction,  improvement,  maintenance,   repair  or  reconstruction,  of a state highway, other highway under the   supervision of the department of transportation, bridge, grade  crossing   elimination  or  stream  channel  improvement,  is  not  being performed   according to the contract or for the best interest  of  the  state,  the   execution  of the work by the contractor may be temporarily suspended by   the commissioner of transportation, who may then proceed with  the  work   under  his own direction in such manner as will accord with the contract   specifications and be for the best interests of the  state;  or  he  may   terminate  the contractor's employment under the contract while it is in   progress, and thereupon, proceed with the work,  in  affirmance  of  the   contract,  by contract negotiated or publicly let, by the use of his own   forces, by calling upon the surety to complete the  work  in  accordance   with  the  plans  and  specifications  or  by  a combination of any such   methods; or he may cancel the contract and either readvertise and  relet   as  provided  in  section  thirty-eight of this chapter, or complete the   work under his own direction in such manner  as  will  accord  with  the   contract  specifications and be for the best interests of the state. Any   excess in the cost of completing the contract beyond the price for which   it was originally awarded shall be charged to and paid by the contractor   failing to perform the work or his surety. Where the  estimate  for  the   completion  of a cancelled contract or defaulted contract, or a contract   being completed pursuant to the provisions of this section, is in excess   of the balance of the amount  originally  set  aside  by  the  state  to   provide  for  the construction, reconstruction, improvement, maintenance   or repair of such highway, or other construction project, together  with   any  amount  appropriated  by  the  county,  town  or  village  for such   improvement, the commissioner of transportation  is  authorized  to  set   aside from any funds available for the construction or reconstruction of   state highways, highway projects under the supervision of the department   of  transportation,  bridges,  grade  crossing  eliminations  and stream   channel improvements, an additional sum equal to such  excess  including   the  proportionate share of the county, town or village; and to pay such   excess in the first instance, including the share of the county, town or   village, pending recovery of excess cost from the defaulting  contractor   or  his surety, as provided in this section. In the event that the state   fails to recover from the defaulting contractor  or  surety  the  excess   cost  in  completing  the  contract  over  the  amount  for which it was   originally awarded, the county, town, or village shall pay to the  state   upon   the  demand  of  the  commissioner  of  transportation  the  same   proportion of such excess cost as was  originally  appropriated  by  the   county,  town  or  village,  for  the  improvement,  and  the  board  of   supervisors, town board or village trustees shall be subject to mandamus   proceedings by the attorney general to enforce the payment of the  share   of  the  county, town or village of such excess cost. Every contract for    the construction, improvement, maintenance, repair or reconstruction  of   a state highway, highway project under the supervision of the department   of  transportation, bridge, grade crossing elimination or stream channel   improvement,  shall  reserve  to  the commissioner of transportation the   right to suspend or cancel  the  contract  as  above  provided,  and  to   complete  the  work thereunder by contract negotiated or publicly let or   by the use of his own forces, or affirm the contract  and  thereupon  to   complete  the  work  thereunder  according  to  any of the methods above   provided as the commissioner of transportation may determine.