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583
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MARVIN MANDEL, Governor
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these sections — which is basically unchanged
from that presently in Article 41 - is not so
clearly limited and, literally, seems to apply
to all using authority contracts for
architectural or engineering services, even
those for $25,000 and less. Since a change of
this wording might result in a substantive
change, none has been made by the Commission.
however, further clarifying legislation would
be appropriate.
231Z. 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 §231Z
of this subtitle.
231AA. 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
ANY 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
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