Maryland 2024 Regular Session

Maryland House Bill HB342

Introduced
1/17/24  
Refer
1/17/24  
Report Pass
2/19/24  
Engrossed
2/22/24  
Refer
2/26/24  
Report Pass
3/25/24  
Enrolled
3/28/24  
Chaptered
4/9/24  

Caption

State Procurement - Prompt Payment of Suppliers

Impact

If enacted, the bill would create distinct procedures for resolving payment disputes, emphasizing prompt action by contractors when payments are withheld. It mandates that contractors notify subcontractors or suppliers in writing if payment is delayed, detailing the reasons for such delays. Furthermore, the bill empowers subcontractors and suppliers to report nonpayment to procurement officers, who will then facilitate discussions to resolve disputes, thereby establishing a more structured and transparent process in state procurement dynamics.

Summary

House Bill 342 seeks to establish regulations governing the prompt payment of suppliers involved in state procurement contracts. It asserts the obligation of contractors to pay subcontractors and suppliers promptly for undisputed amounts after receiving payments from the state, thus promoting timely financial transactions within the procurement framework. This legislation aims to enhance the financial stability of subcontractors and suppliers who are critical in providing necessary labor and materials for state projects, ensuring that they receive their rightful payments without undue delays.

Sentiment

Overall, the sentiment surrounding HB 342 appears to be positive, particularly among subcontractors and suppliers who have historically faced difficulties in receiving timely payments. Proponents believe that the bill fosters fair practices in procurement, ultimately benefitting the state's economy by supporting local businesses and ensuring that projects are completed without financial hindrance. However, some concerns may arise regarding the administrative burden placed on contractors to comply with the new regulations, as well as questions about the efficiency of the dispute resolution process.

Contention

While HB 342 is largely viewed as a means to support suppliers and subcontractors, there may be contention regarding its implications for contractors, particularly smaller businesses that may struggle with the additional administrative tasks imposed by the legislation. Some industry advocates might argue that while prompt payment is essential, the regulations could complicate existing procurement processes and increase the financial risks contractors face, highlighting the need for a balance between prompt payment provisions and the operational realities of contractors.

Companion Bills

MD SB183

Crossfiled State Procurement - Prompt Payment of Suppliers

Similar Bills

OH HB203

Require private construction project owner timely pay contractors

OH HB288

Require construction project owners to timely pay contractors

MD SB183

State Procurement - Prompt Payment of Suppliers

OR HB3746

Relating to real property.

CT HB05685

An Act Prohibiting Pay-if-paid Clauses In Construction Contracts And Ensuring Timely Payment Of Construction Subcontractors And Suppliers.

CT HB07073

An Act Concerning Remedies In Lawsuits Against Property Owners By Subcontractors And The Release Of Retainage Withheld In Private Construction Contracts.

CT HB05265

An Act Requiring The Prompt Payment Of Contractors.

CT SB00070

An Act Concerning Fairness In Certain Commercial Construction Contracts.