Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 9 - CONTRACT AND GRANT MANAGEMENT
Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS
Section 9.26 - Inclusion of Contract Remedies in Contracts

Universal Citation: 43 TX Admin Code § 9.26

Current through Reg. 49, No. 52; December 27, 2024

(a) In addition to other contract provisions, each highway improvement contract must provide notice to the contractor of the evaluation of contract performance under § 9.23 of this subchapter (relating to Evaluation and monitoring of contract performance) and the range of contract remedies applicable for substandard performance under the contract, including:

(1) the possible establishment of a project recovery plan or corrective action plan under § 9.23 of this subchapter to correct significant deficiencies in contract performance;

(2) liquidated damages applicable to the contract under § 9.22 of this subchapter (relating to Liquidated Damages);

(3) reduction in the contractor's bidding capacity under § 9.24 of this subchapter;

(4) the prohibition or suspension of bidding on new projects under § 9.24 of this subchapter; and

(5) prohibition from participating in an awarded contract under § 9.24 of this subchapter.

(b) In addition to other contract provisions, each materials contract must provide notice to the contractor of the range of contract remedies applicable for substandard performance under the contract, including applicable actions that may be taken under § 9.24 of this subchapter.

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