Section 15-219 – Procedure by Unit — Contract Claims for Construction Contracts
(a) Except to the extent a shorter period is prescribed by regulation governing differing site conditions, a contractor shall file a written notice of a claim relating to a procurement contract for construction within 30 days after the basis for the claim is known or should have been known. (b) Unless extended by the unit, within 90 […]
Section 15-219.1 – Contract Claim Against a Contractor
(a) (1) A unit may assert a contract claim against a contractor by sending written notice to the contractor and the procurement officer that states: (i) the basis for the contract claim; (ii) to the extent known, the amount, or the performance or other action, requested by the unit in the contract claim; and (iii) the date by which the […]
Section 15-220 – Appeal From Unit’s Decision — in General
(a) Except for a contract claim related to a lease for real property, a bidder or offeror, a prospective bidder or offeror, a unit, or a contractor may appeal the final action of a unit to the Appeals Board. (b) An appeal under this section shall be filed: (1) for a protest, within 10 days after receipt of […]
Section 15-221 – Appeal From Unit’s Decision — Procedures
(a) If a person appeals the decision of a unit about a protest, the Appeals Board shall: (1) give that case priority over other matters not involving protests before the Appeals Board; and (2) decide it expeditiously. (b) (1) For any appeal, the Appeals Board may require each party to file a brief. (2) If briefs are required, the Appeals Board […]
Section 15-221.1 – Appeal From Unit’s Decision — Costs Incurred by Bidder or Offeror
(a) The Board of Contract Appeals may award a prospective bidder or offeror, a bidder, or an offeror the reasonable costs of filing and pursuing a protest, not including attorney’s fees, if: (1) the prospective bidder or offeror, bidder, or offeror appeals the final action of an agency on a protest; (2) the Board of Contract Appeals sustains […]
Section 15-221.2 – Appeal From Unit’s Decision — Costs Incurred by Contractor
(a) This section only applies to a claim resulting under a contract for construction. (b) The Appeals Board may award to a contractor the reasonable costs of filing and pursuing a claim, including reasonable attorney’s fees, if the Appeals Board finds that the conduct of unit personnel in processing a contract claim is in bad faith or […]
Section 15-222 – Interest
(a) Notwithstanding any provision of a procurement contract, the Appeals Board may award interest on money that the Appeals Board determines to be due to the unit or the contractor under a contract claim. (b) (1) Subject to paragraph (2) of this subsection, interest may accrue from a day that the Appeals Board determines to be fair and […]
Section 15-223 – Judicial Review and Enforcement
(a) (1) A decision of the Appeals Board is subject to judicial review in accordance with Title 10, Subtitle 2 of the State Government Article. (2) Any party to an Appeals Board decision, including a unit, may appeal a final decision of the Appeals Board to a court of competent jurisdiction. (b) When a decision about a protest or […]
Section 15-226 – Policy Established; Timing of Payments; Notice Upon Nonpayment; Disputes; Appeals
(a) In this section, “undisputed amount” means an amount owed by a contractor to a subcontractor for which there is no good faith dispute, including any retainage withheld. (b) It is the policy of the State that, for work under a State procurement contract for construction: (1) a contractor shall promptly pay to a subcontractor any undisputed amount […]
Section 15-108 – Retainage
(a) This section does not apply to any procurement contract funded with tax-exempt financing. (b) (1) Subject to the requirements of this section, a contractor under a procurement contract that a unit awards for construction is entitled to have retainage under the procurement contract placed in an escrow account if the contractor: (i) elects that procedure in the procurement […]