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57
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MARVIN MANDEL, Governor
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2-313. COST-PLUS-A-PERCENTAGE-OF-COST CONTRACTS.
(A) CONTRACTS PROHIBITED.
THE COST-PLUS-A-PERCENTAGE-OF-COST TYPE OF CONTRACT
MAY NOT BE USED.
(B) CERTAIN FEE SCHEDULES PROHIBITED.
FEE SCHEDULES THAT ARE BASED ON A PERCENTAGE OF
CONSTRUCTION COSTS OF CONTRACTS RESULTING FROM COMPLETED
DESIGNS PREPARED BY ARCHITECTURAL OR ENGINEERING FIRMS
MAY NOT BE USED.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§231T.
In subsection (a) of this section, the present
introductory phrase "{i}n order to prevent
increased cost ..." is deleted as unnecessary.
As to the uncertain scope of this section, see
the discussion in the revisor's note to §2—312
of this subtitle.
2-314. CONTINGENT FEES PROHIBITED.
(A) CONTRACT TO CONTAIN SPECIFIED PROHIBITION.
EACH CONTRACT FOR ARCHITECTURAL OR ENGINEERING
SERVICES SHALL CONTAIN A PROHIBITION AGAINST CONTINGENT
FEES AS FOLLOWS: "THE ARCHITECT OR ENGINEER {AS
APPLICABLE} WARRANTS THAT HE HAS NOT EMPLOYED OR RETAINED
AMY PERSON, PARTNERSHIP, CORPORATION, OR OTHER ENTITY,
OTHER THAN A BONA FIDE EMPLOYEE OR AGENT WORKING FOR THE
ARCHITECT OR ENGINEER, TO SOLICIT OR SECURE THIS
AGREEMENT, AND THAT HE HAS NOT PAID OR AGREED TO PAY ANY
PERSON, PARTNERSHIP, CORPORATION, OR OTHER ENTITY, OTHER
THAN A BONA FIDE EMPLOYEE OR AGENT, ANY FEE OR ANY OTHER
CONSIDERATION CONTINGENT ON THE MAKING OF THIS
AGREEMENT".
(B) CONTINGENT FEE PROHIBITED IN PROCURING A
CONTRACT.
UNLESS HE IS A BONA FIDE EMPLOYEE OR AGENT WORKING
FOR THE OTHER PERSON, A PERSON MAY NOT OFFER OR AGREE TO
SOLICIT OR SECURE FOR ANY OTHER PERSON ANY CONTRACT FOR
ARCHITECTURAL OR ENGINEERING SERVICES IF HIS FEE IS
CONTINGENT ON OR RESULTS FROM THE MAKING OF A CONTRACT
FOR THESE SERVICES.
(C) ARCHITECTS AND ENGINEERS PROHIBITED FROM
OFFERING CONTINGENT FEE.
AN ARCHITECT, ENGINEER, OR CORPORATION OR
PARTNERSHIP OF ARCHITECTS OR ENGINEERS MAY NOT OFFER TO
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