(1) If any citizen of a road precinct complains to the county engineer, that any contractor has failed to keep his section of road in repair in accordance with the specifications, the county engineer shall cause examinations to be made within five (5) days after the complaint has been made and if upon examination he deems the complaint well founded, he shall give written notice to the party compla ined of, requesting him to put his section in repair according to the specifications within a reasonable time. (2) If the contractor fails to obey the request, the county engineer shall cause the road to be put in repair, and the cost of the repair shall be deducted from any money allowed the contractor for opening and keeping in repair the section. The fiscal court shall issue a warrant on the treasurer for the money certified, in favor of the persons employed to put the section in repair. If the amount u nder the control of the court is not sufficient to pay for the repairs, then the additional cost shall be recoverable from the contractor by the county engineer as other claims of equal amount are recoverable by law.
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