|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
Ch. 205
|
|
|
|
|
|
|
|
|
|
|
|
|
|
State procurement contract for construction, the percentage specified in the contract
for retainage may not exceed 5% of the total amount.
(2) In addition to retainage, a primary procurement unit AND THE
MARYLAND TRANSPORTATION AUTHORITY may withhold from payments otherwise
due a contractor any amount that the unit reasonably believes necessary to protect
the State's interest.
(3) Retainage withheld by a primary procurement unit AND THE
MARYLAND TRANSPORTATION AUTHORITY may be deposited in an interest-bearing
escrow account in accordance with § 15-108 of this article.
(c) (1) A contractor may not retain a percentage of payments due a
subcontractor that exceeds the percentage of payments retained by the primary
procurement unit OR THE MARYLAND TRANSPORTATION AUTHORITY.
(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 may not retain a percentage of payments due a lower
tier subcontractor that exceeds the percentage of payments retained 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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2002.
Approved April 25, 2002.
|
|
|
|
|
|
|
|
|
|
CHAPTER 205
(House Bill 97)
AN ACT concerning
Procurement - Architectural and Engineering Services - Review by
Selection Boards
FOR the purpose of increasing the threshold amount requiring a recommendation to
|
|
|
|
|
|
|
|
|
|
- 1749 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
