EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0949*
HOUSE BILL 949
P2 3lr2209
HB 552/22 – HGO
By: Delegates Adams and Anderton
Introduced and read first time: February 10, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
State Finance and Procurement – Retention Proceeds 2
FOR the purpose of requiring that certain retention proceeds retained by a unit or a certain 3
contractor under a State procurement contract be paid within a certain period of time 4
after the date of substantial completion; and generally relating to the payment of 5
retention proceeds under a State procurement contract. 6
BY repealing and reenacting, with amendments, 7
Article – State Finance and Procurement 8
Section 13–225 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – State Finance and Procurement 14
13–225. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Payment security” has the meaning stated in § 17–101 of this article. 17
(3) “Performance security” has the meaning stated in § 17–101 of this 18
article. 19
(b) (1) If a contractor has furnished 100% payment security and 100% 20
performance security in accordance with Title 17, Subtitle 1 of this article under a State 21
procurement contract for construction, the percentage specified in the contract for 22
retainage may not exceed 5% of the total amount. 23 2 HOUSE BILL 949
(2) In addition to retainage, a primary procurement unit and the Maryland 1
Transportation Authority may withhold from payments otherwise due a contractor any 2
amount that the unit reasonably believes necessary to protect the State’s interest. 3
(3) Retainage withheld by a primary procurement unit and the Maryland 4
Transportation Authority may be deposited in an interest–bearing escrow account in 5
accordance with § 15–108 of this article. 6
(c) (1) A contractor may not retain a percentage of payments due a 7
subcontractor that exceeds the percentage of payments retained by the primary 8
procurement unit or the Maryland Transportation Authority. 9
(2) Paragraph (1) of this subsection may not be construed to prohibit a 10
contractor from withholding any amount in addition to retainage if the contractor 11
determines that a subcontractor’s performance under the subcontract provides reasonable 12
grounds for withholding the additional amount. 13
(d) (1) A subcontractor may not retain a percentage of payments due a lower 14
tier subcontractor that exceeds the percentage of payments retained from the 15
subcontractor. 16
(2) Paragraph (1) of this subsection may not be construed to prohibit a 17
subcontractor from withholding any amount in addition to retainage if the subcontractor 18
determines that a lower tier subcontractor’s performance under the subcontract provides 19
reasonable grounds for withholding the additional amount. 20
(e) UNDISPUTED RETENTION PROCEEDS RETAINED BY A UNIT OR A 21
CONTRACTOR UNDER THI S SECTION SHALL BE PAID WITH IN 90 DAYS AFTER THE 22
DATE OF SUBSTANTIAL COMPLETION , AS DEFINED BY THE AP PLICABLE CONTRACT 23
OR SUBCONTRACT . 24
(F) If retainage has been placed in escrow under § 15–108 of this article, each 25
payment of retainage shall include a pro rata portion of interest earned. 26
[(f)] (G) This section may not be construed to limit the application of the 27
provisions of Title 17, Subtitle 1 of this article. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2023. 30