3360

LAWS OF MARYLAND

Ch. 840

[13-602.

(a)  The Department shall specify clauses, to be included in
all construction contracts concerning:

(1)  Termination for the convenience of the State or
for default;

(2)  Liquidated damages if appropriate, as specified
in the contract schedule;

(3)  Excuses for nonperformance; and

(4)  Adjustments to contract terms and conditions if:

(i) A change order is issued by the procurement
officer;

(ii) A site condition is different from that
indicated in the specifications;

(iii) The quantities vary from the estimated
quantities in a contract providing for estimated quantities; or

(iv) Work is suspended.

(b)  The Department shall adopt regulations whereby every
contract modification, change order, or adjustment in contract
price is subject to prior written approval by the responsible
manager in the using agency and certification by the appropriate
fiscal authority as to the availability of funds and to the
effect of the modification, change, or adjustment on the project
budget or the total construction cost. If the certification
discloses a resulting increase in the project budget or total
construction cost, the procurement officer may not execute or
make the modification, change, or adjustment unless sufficient
funds are available, or the scope of the project is adjusted to
permit its completion within the project budget.]

11-123. OTHER CONTRACT CLAUSES.

(A)  EVERY CONTRACT SHALL INCLUDE A CLAUSE NOTIFYING THE
PARTIES THAT PREEXISTING REGULATIONS SHALL APPLY IN ACCORDANCE
WITH THE PROVISIONS OF § 11-108 OF THIS SUBTITLE.

(B)  THE PARTIES TO A CONTRACT MAY CONSENT TO THE INCLUSION
OF ADDITIONAL CLAUSES IN THE CONTRACT AT ANY TIME AFTER THE
CONTRACT HAS BEEN MADE WITHOUT THE NECESSITY OF CONSIDERATION
PASSING TO EITHER PARTY.

[Subtitle 7.] PART VIII. Types of Contracts.

[13-701.