(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.

Source Note: The provisions of this §9.26 adopted to be effective September 19, 2018, 43 TexReg 5996; amended to be effective April 20, 2023, 48 TexReg 1968