§ 13-321. Termination of contract by Board

   (a) Condition. -- 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 any provision 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

   (3) shall refund all profits or fixed fees realized under the procurement contract.

(d) Nonwaiver of other remedies. --

   (1) The provisions of this section are in addition to any other right or remedy allowed by law.

   (2) By carrying out this section, the Board does not waive any other right or remedy provided by law.

HISTORY: SF § 11-164, 11-182; 1988, ch. 48, § 2; 2002, ch. 19, § 1.