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Ch. 13
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584
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LAWS OF MARYLAND
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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
PAY ANY FEE OR OTHER CONSIDERATION THAT IS CONTINGENT ON
THE MAKING OF A CONTRACT FOR ARCHITECTURAL OR ENGINEERING
SERVICES.
(D) EMPLOYEE OF USING AUTHORITY PROHIBITED FROM
SOLICITING CONTRACT ON CONTINGENT FEE BASIS.
AN EMPLOYEE OF A USING AUTHORITY MAY NOT SOLICIT OR
SECURE OR OFFER TO SOLICIT OR SECURE A CONTRACT FOR
ARCHITECTURAL OR ENGINEERING SERVICES FOR WHICH THE
EMPLOYEE IS PAID OR IS TO BE PAID ANY FEE OR OTHER
CONSIDERATION CONTINGENT ON THE MAKING OF THE CONTRACT
BETWEEN THE USING AUTHORITY AND ANY OTHER PERSON.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§231V.
In subsections (a) and (c) of this section,
the term "engineer" is substituted for
"professional engineer" to conform to the
usage otherwise employed throughout this
subtitle.
In subsection (b) of this section, the present
reference to a "partnership or corporation" is
deleted as unnecessary in light of the word
"person", as defined in §231N of this
subtitle. Also, for consistency, the term
"architectural or engineering services" is
substituted for "professional services".
In subsection (d) of this section, the word
"employee" is substituted for "official" to
clarify the existing law.
The second sentence of present Art. 41,
§231V(a), which provides for termination, of a
contract and deduction of the cost for the
illegal fee, is incorporated in the substance
of §231CC or this subtitle.
The present references to persons who violate
the provisions of this section as being
"guilty of a felony" and subject to the
penalties of §231DD of this subtitle are
deleted as unnecessary; see §231DD.
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