General Procedures
Use the
available on the Construction Division webpage (internal access only). All letters regarding a default must be submitted to CST prior to sending to the contractor. Submit draft letters to
for review and approval.
- theIntent to Defaultletter must be signed at minimum by the Area Engineer in coordination with District Administration.
- Defaultletters must follow the district’s latest Delegation of Signature Authority and may not be delegated below the Deputy District Engineer or District Director.
- all letters require certified mail return receipt. Use the following as a best practice to ensure communication is made with the contractor for receipt of the letter:
- certified mail (send to the physical address for the Prime Contractor).
- email (include a delivery and read receipt for record).
- phone call (document date, time, person talked to and description of conversation for record).
Voluntary Default
If a Contractor gives written notice of Voluntary Default on the contract, TxDOT may forego the 10-day notice (Intent to Default) to default and immediately provide the contractor and surety a written notice of default.