No. 582000378, Rep. Athos Gusmao Carneiro, 02.08.1983, 04.06.1983 (finding breach by contractor where the court found that compliance with the contract was "really not feasible from the economic standpoint”); see also Jorge Cesa Ferreira da Silva, A Boa Fe e a Violaq&o Positiva do Contrato [Good Faith and Positive Breach of Contract ] 256 & n. 411 (2002) ("Apart from [a] repudiation ..., the [promisor’s] conclusive conduct may be deemed to be a default as well.” (emphasis added)). 20 . Whether the direct and advance payments unfairly prejudiced the Sureties by accelerating, without their consent, the payment schedules in the Contracts is an entirely different issue, which we discuss below. 21 . See L & A Contracting Co. v. S. Concrete Serv’s., Inc., 17 F.3d 106, 110-11 (5th Cir.1994) (<HOLDING>); Balfour Beatty Constr., Inc. v. Colonial
holding that a suretys assistance in a defendants untimely return to custody does not mandate forgiveness of the penalty on a forfeited bail bond holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest holding that a precondition to chevron deference is congressional delegation of administrative authority holding that a clear declaration of default is a precondition to a suretys liability under a performance bond