3392                                          LAWS OF MARYLAND                                      Ch. 840

of this State, if the procuring authority is considering the
architect or engineer for services on a specific project.

[19-116.] 11-164. TERMINATION OF CONTRACT.

(a)  The Board of Public Works may terminate without
liability a contract for architectural SERVICES 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] PART XIV,
if:

(1)   [There] 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

(2)  [There] THERE has been any breach or violation
of:

(i) [Any] ANY provision of this [subtitle] PART
XIV; or

(ii) [The] THE contract provision against
contingent fees required by § [19-114(a)] 11-162(A) of this
[subtitle] PART XIV.

(b)  If a contract is terminated under this section, the
architect or engineer:

(1)   [May] MAY be paid only the earned value of the
work done to the date of termination, plus termination costs;

(2)  [Shall] SHALL refund all profits or fixed fees
realized under the contract; and

(3)   [Is] 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)  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 them is not a waiver of any other right or
remedy provided by law.

[19-117.] 11-165. PENALTIES.

Any person who violates any provision of this [subtitle]
PART XIV is guilty of a felony and on conviction is subject to a
fine not exceeding $20,000 or imprisonment' not exceeding 10 years
or both.

[19-118.] 11-166. SHORT TITLES.