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Board discusses enforcement options after repeated contractor nonperformance

Delaware County Drainage Board · August 12, 2026

Summary

Commissioners said contractors repeatedly failed to start or complete awarded drainage jobs; staff will tighten bid specifications and explore contractual remedies, though administrative limits exist for collecting penalties.

Several board members reported recent occasions where low bidders failed to perform or delayed work, citing broken equipment and injured staff as reasons. Members asked whether the board can include stronger enforcement language such as liquidated damages or percentage holdbacks in bid documents; staff said the current quote/spec form allows the county to pull jobs but noted the county is not set up to collect payments from contractors and enforcement options vary by circumstance.

The surveyor agreed to revise contract language and provide clearer written expectations for bidders; the attorney and staff warned each enforcement decision may require case-by-case legal and administrative review. Board members asked staff to draft language for future contracts that enables recourse for clear nonperformance.

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