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Session Laws, 1996
Volume 794, Page 3853   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 682

(3) all relevant data and correspondence that may substantiate the contract
claim.

(b) (C) (1) Subject to paragraph (2) of this subsection, the head of the unit
engaged in procurement of the construction shall review the contract claim.

(2) If the unit is part of a principal department or other equivalent unit, the
Secretary of the principal department or the equivalent official shall review the contract
claim, unless review has been delegated by regulation to the head of the unit.

(e) (D) The person who reviews a contract claim under subsection (b) (C) of this
section shall:

(1)     investigate the contract claim; and

(2)     give the contractor written notice of a resolution of the contract claim:

(I) within [ 180] 90 days after receiving the contract claim or a longer
period to which the parties agree. IF THE AMOUNT OF THE CONTRACT CLAIM IS NOT
MORE THAN THE AMOUNT UNDER WHICH THE ACCELERATED PROCEDURE MAY BE
SELECTED BEFORE THE APPEALS BOARD: OR

(II) FOR ANY OTHER CONTRACT CLAIM WITHIN 180 DAYS AFTER
RECEIVING THE CONTRACT CLAIM OR A LONGER PERIOD TO WHICH THE PARTIES
AGREE.

(D) (E) RECOVERY UNDER A CONTRACT CLAIM IS NOT ALLOWED FOR ANY
EXPENSE INCURRED:

(1) MORE THAN 30 DAYS BEFORE THE REQUIRED SUBMISSION OF THE A
NOTICE OF A CLAIM UNDER § 15-217(B)(2) OF THIS SUBTITLE IS NOT ALLOWED
SUBSECTION (A) OF THIS SECTION; OR

(2) UNLESS THE TIME FOR SUBMISSION OF A CLAIM IS EXTENDED
UNDER SUBSECTION (B) OF THIS SECTION, MORE THAN 60 DAYS BEFORE THE
REQUIRED SUBMISSION OF THE CLAIM.

(E) (F) (1) IF THE PERSON WHO REVIEWS A CLAIM UNDER SUBSECTION
(B) OF THIS SECTION AGREES WITH ANY OF THE FACTS ON WHICH THE CONTRACT
CLAIM I
S BASED BUT DISPUTES THE AMOUNT OF THE CLAIM, ON RECEIPT OF AN
INVOICE, THE PERSON SHALL APPROVE PAYMENT OF
80% OF THAT PORTION OF THE
CLAIM NOT IN DISPUTE AS ESTIMATED BY THE UNIT.

(2) PAYMENT SHALL BE MADE IN ACCORDANCE WITH THE TERMS
GOVERNING PROGRESS PAYMENTS UNDER THE CONTRACT
UNIT DETERMINES
THAT IT IS RESPONSIBLE FOR A PORTION BUT NOT ALL OF THE AMOUNT CLAIMED
BY THE CONTRACTOR, SUBJECT TO THE TERMS OF THE CONTRACT, THE UNIT SHALL
PAY THE UNDISPUTED AMOUNT.

(2) PAYMENT OF THE UNDISPUTED AMOUNT:

(I) IS NOT AN ADMISSION OF THE LIABILITY OF THE UNIT ON THE
CLAIMS; AND

- 3853 -

 

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Session Laws, 1996
Volume 794, Page 3853   View pdf image
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