Ch. 48                                          LAWS OF MARYLAND

ON REQUEST BY A PROCURING AUTHORITY OF ANY POLITICAL
SUBDIVISION OF THE STATE THAT IS CONSIDERING AN ARCHITECT OR
ENGINEER FOR A SPECIFIC PROJECT, ANY STATE AUDIT OF THE ARCHITECT
OR ENGINEER SHALL BE MADE AVAILABLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ 11-163
and 11-181.

Defined terms: "Architectural services"
"Engineering services" § 11-101
"Procurement contract" § 11-101
"Transportation unit" § 13-301 "Unit"

13-321. TERMINATION OF CONTRACT BY BOARD.

(A)  CONDITIONS.

THE BOARD MAY TERMINATE WITHOUT LIABILITY A PROCUREMENT
CONTRACT FOR ARCHITECTURAL SERVICES OR ENGINEERING SERVICES IF:

(1)  THERE HAS BEEN A CONVICTION OF A CRIME ARISING
OUT OF OR IN CONNECTION WITH THE PROCUREMENT CONTRACT OR ANY
PAYMENT TO BE MADE UNDER THE PROCUREMENT CONTRACT; OR

(2)  THERE HAS BEEN A BREACH OR VIOLATION OF:

(I)  ANY PROVISION OF THIS SUBTITLE; OR

(II)  A CLAUSE OF THE PROCUREMENT CONTRACT
AGAINST CONTINGENT FEES REQUIRED UNDER § 13-319(A) OF THIS
SUBTITLE.

(B)  RECOVERY OF CONSIDERATION.

SUBJECT TO SUBSECTION (A) OF THIS SECTION, THE BOARD MAY
DEDUCT FROM THE PROCUREMENT CONTRACT PRICE OR OTHERWISE RECOVER
THE FULL AMOUNT OF ANY FEE, COMMISSION, GIFT, PERCENTAGE, OR
OTHER CONSIDERATION PAID IN VIOLATION OF THIS SUBTITLE.

(C)  EFFECT ON CONTRACTOR.

IF A PROCUREMENT CONTRACT IS TERMINATED UNDER THIS SECTION,
THE CONTRACTOR:

(1)  IS ENTITLED ONLY TO THE EARNED VALUE OF THE WORK
COMPLETED AS OF THE DATE OF TERMINATION, PLUS TERMINATION COSTS;

(2)  IS LIABLE FOR ANY COSTS INCURRED FOR COMPLETION
OF THE WORK OVER THE MAXIMUM AMOUNT PAYABLE TO THE CONTRACTOR
UNDER THE PROCUREMENT CONTRACT; AND

- 1674 -

§ 11-101
§ 11-101