Ch. 48

LAWS OF MARYLAND

(3) REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR SUBJECT
TO THIS CLAUSE TO POST CONSPICUOUSLY A NOTICE THAT SETS FORTH THE
PROVISIONS OF THE CLAUSE IN A PLACE THAT IS AVAILABLE TO
EMPLOYEES AND APPLICANTS FOR EMPLOYMENT.

(D)  OMISSION OF CLAUSE.

IF THE NONDISCRIMINATION CLAUSE IS OMITTED FROM A CONTRACT
OR SUBCONTRACT SUBJECT TO THIS SECTION:

(1) THE CONTRACT IS VOIDABLE BY THE STATE; BUT

(2), THE STATE MAY DECLARE THE CONTRACT TO BE VOID. IN
THAT EVENT, THE CONTRACTOR IS ENTITLED TO THE REASONABLE VALUE OF
WORK THAT HAS BEEN PERFORMED AND MATERIALS THAT HAVE BEEN
PROVIDED.

(E)  WILLFUL FAILURE TO COMPLY — CONTRACTORS.

IF A CONTRACTOR WILLFULLY FAILS TO COMPLY WITH THE
REQUIREMENTS OF THE NONDISCRIMINATION CLAUSE AND THE CONTRACT IS
PARTLY EXECUTORY, THE STATE MAY COMPEL THE CONTRACTOR TO CONTINUE
TO PERFORM UNDER THE CONTRACT, BUT THE STATE:

(1)  THE STATE IS LIABLE FOR NO MORE THAN THE
REASONABLE VALUE OF WORK PERFORMED AND MATERIALS PROVIDED AFTER
THE DATE ON WHICH THE BREACH OF CONTRACT WAS OR SHOULD HAVE BEEN
DISCOVERED; AND

(2)  SHALL DEDUCT ANY MONEY THAT HAS BEEN PAID BY THE
STATE UNDER THE CONTRACT SHALL BE DEDUCTED FROM THE MONEY THAT
BECOMES DUE UNDER ITEM (1) OF THIS SUBSECTION.

(F)  SAME — SUBCONTRACTORS.

IF A SUBCONTRACTOR WILLFULLY FAILS TO COMPLY WITH THE
REQUIREMENTS OF A NONDISCRIMINATION CLAUSE, THE CONTRACTOR :

(1) MAY VOID THE SUBCONTRACT; AND

(2) MAY VOID THE SUBCONTRACT. IN THAT EVENT, THE
CONTRACTOR IS LIABLE FOR NO MORE THAN THE REASONABLE VALUE OF
WORK PERFORMED OR MATERIALS PROVIDED.

(G)  BOARD ACTION.

(1)  ANY PERSON, INCLUDING AN EMPLOYEE OR PROSPECTIVE
EMPLOYEE, WHO HAS INFORMATION ABOUT A VIOLATION OF THIS SECTION
OR A NONDISCRIMINATION CLAUSE MAY INFORM THE BOARD.

(2)  THE BOARD:

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