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2000 LAWS OF MARYLAND
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Ch. 621
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FULL AMOUNT OF MONEY RETAINED UNDER THIS SUBSECTION, TOGETHER WITH
THE INTEREST ACCRUED ON THE MONEY RETAINED.
(6) THE CONSTRUCTION CONTRACT SHALL INCLUDE CLAUSES
COVERING THE PROVISIONS OF PARAGRAPHS (2) THROUGH (5) OF THIS SUBSECTION.
(C) (1) A CONTRACTOR THAT HAS A PERCENTAGE OF PROGRESS PAYMENTS
RETAINED BY A PRIMARY PROCUREMENT UNIT UNDER SUBSECTION (B) OF THIS
SECTION, MAY NOT RETAIN A PERCENTAGE OF PAYMENTS DUE A SUBCONTRACTOR
THAT EXCEEDS THE PERCENTAGE OF PROGRESS PAYMENTS RETAINED BY THE
PRIMARY PROCUREMENT UNIT.
(2) AFTER RECEIVING MONEY RETAINED BY A PRIMARY PROCUREMENT
UNIT UNDER THIS SECTION, THE CONTRACTOR SHALL DISTRIBUTE;
(1) MONEY RETAINED BY THE CONTRACTOR FROM PAYMENTS DUE
A SUBCONTRACTOR; AND
(II) THE INTEREST ACCRUED ON THE MONEY RETAINED.
(2) PARAGRAPH (1) OF THIS SUBSECTION MAY NOT BE CONSTRUED TO
PROHIBIT A CONTRACTOR FROM WITHHOLDING ANY AMOUNT IN ADDITION TO
RETAINAGE IF THE CONTRACTOR DETERMINES THAT A SUBCONTRACTOR'S
PERFORMANCE UNDER THE SUBCONTRACT PROVIDES REASONABLE GROUNDS FOR
WITHHOLDING THE ADDITIONAL AMOUNT.
(D) (1) A SUBCONTRACTOR THAT HAS A PERCENTAGE OF PROGRESS
PAYMENTS RETAINED BY A CONTRACTOR UNDER SUBSECTION (C) OF THIS SECTION,
MAY NOT RETAIN A PERCENTAGE OF PAYMENTS DUE ANOTHER A LOWER TIER
SUBCONTRACTOR THAT EXCEEDS THE PERCENTAGE OF PROGRESS PAYMENTS
RETAINED BY THE CONTRACTOR FROM THE SUBCONTRACTOR.
(2) PARAGRAPH (1) OF THIS SUBSECTION MAY NOT BE CONSTRUED TO
PROHIBIT A SUBCONTRACTOR FROM WITHHOLDING ANY AMOUNT IN ADDITION TO
RETAINAGE IF THE SUBCONTRACTOR DETERMINES THAT A LOWER TIER
SUBCONTRACTOR'S PERFORMANCE UNDER THE SUBCONTRACT PROVIDES
REASONABLE GROUNDS FOR WITHHOLDING THE ADDITIONAL AMOUNT.
(E) IF RETAINAGE HAS BEEN PLACED IN ESCROW UNDER § 15-108 OF THIS
ARTICLE, EACH PAYMENT OF RETAINAGE SHALL INCLUDE A PRO RATA PORTION OF
INTEREST EARNED.
(F) THIS SECTION MAY NOT BE CONSTRUED TO LIMIT THE APPLICATION OF
THE PROVISIONS OF TITLE 17, SUBTITLE 1 OF THIS ARTICLE.
15-108.
(a) [In this section, "transportation unit" means the Department of
Transportation or the Maryland Transportation Authority.] THIS SECTION DOES NOT
APPLY TO ANY PROCUREMENT CONTRACT FUNDED WITH TAX EXEMPT FINANCING.
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- 3254 -
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