2718

LAWS OF MARYLAND

Ch. 775

(a)  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)  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)  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)  An employee of a transportation agency 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 transportation agency and any other person.

[2-315.] 9-115.

(a)  (1) The rates of architects and engineers
performing services for a transportation agency are subject
to post audit.

(2) If the compensation is over $25,000, all
rates used in cost-plus-fixed-fee contracts shall be
verified by post audit.

(b)  On request, any State audit of an architect or
engineer providing services for a transportation agency
shall be made available to the procuring authority of any
political subdivision of this State, if the procuring
authority is considering the architect or engineer for
services on a specific project.

[2-316.] 9-116.

(a) The Board of Public Works may terminate without
liability a contract for architectural or engineering
services and may deduct from the contract price or otherwise
recover the full amount of any fee, commission, percentage,
gift, or consideration paid in violation of this subtitle,
if: