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50 LAWS OF MARYLAND Ch. 13
THIS SUBTITLE, IF:
(1) THERE HAS BEEN ANY CONVICTION OF A CRIME
ARISING OUT OF OR IN CONNECTION WITH THE PROCUREMENT OF
ANY WORK TO BE DONE OR ANY PAYMENT TO BE MADE UNDER THE
CONTRACT; OR
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(2) THERE HAS BEEN ANY BREACH OR VIOLATION
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OF:
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(I) ANY PROVISION OF THIS SUBTITLE; OR
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(II) THE CONTRACT PROVISION AGAINST
CONTINGENT FEES REQUIRED BY §2-314(A) OF THIS SUBTITLE.
(B) PAYMENTS ON TERMINATION OF CONTRACT.
IF A CONTRACT IS TERMINATED UNDER THIS SECTION, THE
ARCHITECT OR ENGINEER:
(1) MAY BE PAID ONLY THE EARNED VALUE OF THE
WORK DONE TO THE DATE OF TERMINATION, PLUS TERMINATION
COSTS;
(2) SHALL REFUND ALL PROFITS OR FIXED FEES
REALIZED UNDER THE CONTRACT; AND
(3) IS LIABLE FOR ANY COSTS INCURRED OVER THE
MAXIMUM AMOUNT PAYABLE TO THE ARCHITECT OR ENGINEER UNDER
THE CONTRACT IN COMPLETING THE WORK UNDERTAKEN.
(C) RIGHTS AND REMEDIES NOT EXCLUSIVE.
THE RIGHTS AND REMEDIES CONTAINED IN THIS SECTION
ARE IN ADDITION TO ANY OTHER RIGHT OR REMEDY PROVIDED BY
LAW, AND THE EXERCISE OF ANY OF TERM IS NOT A WAIVER OF
ANY OTHER RIGHT OR REMEDY PROVIDED BY LAW.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§231W(a) and (b) and the last sentence of
§231V(a).
As to the uncertain scope of this section, see
the discussion in the revisor's note to §2—312
of this subtitle.
The Commission suggests that the meaning of
and intended relationship between items (1)
and (2) of subsection (b) of this section need
further clarification. What is "earned value
of the work done", particularly as contrasted
with "profits or fixed fees"? If all of the
latter are to be refunded, how can the former
be paid and retained? Is item (2) intended to
require refunding of all profits and fixed
fees, as presently worded, or only those that
exceed the "earned value of the work done"?
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