Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 21. State Procurement Regulations |
Subtitle 07. CONTRACT TERMS AND CONDITIONS |
Chapter 21.07.02. Mandatory Construction Contract Clauses |
Sec. 21.07.02.05-2. Prompt Payment of Subcontractors
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Mandatory provisions for all construction contracts:
A. This contract and all subcontracts issued under this contract are subject to the provisions of State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08. In §§A-D, the terms "undisputed amount", "prime contractor", "contractor", and "subcontractor" have the meanings stated in COMAR 21.10.08.01.
B. A contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract.
C. If a contractor fails to make payment within the period prescribed in §B, a subcontractor may request a remedy in accordance with COMAR 21.10.08.
D. A contractor shall include in its subcontracts for work under this contract, wording that incorporates the provisions, duties, and obligations of §§A-D, State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.