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§ 17-606. Liability for failure to make payments to Fund

West's Annotated Code of MarylandState Finance and ProcurementEffective: October 1, 2009

West's Annotated Code of Maryland
State Finance and Procurement
Division II. General Procurement Law [Titles 11-End] (Refs & Annos)
Title 17. Special Provisions--State and Local Subdivisions (Refs & Annos)
Subtitle 6. Apprenticeship Requirements for Public Works Contracts (Refs & Annos)
Effective: October 1, 2009
MD Code, State Finance and Procurement, § 17-606
§ 17-606. Liability for failure to make payments to Fund
Currentness
Liability for twice the amount of unpaid contributions
(a) A contractor or subcontractor that fails to meet the requirements of this subtitle shall be liable for an amount equal to twice the amount of unpaid apprenticeship training contributions required by this subtitle.
Willfully defined
(b)(1) In this subsection, “willfully” means representations or omissions known to be false or made with deliberate ignorance or reckless disregard for their truth or falsity.
(2) Any person, firm, or corporation that is found to have made willfully a false or fraudulent representation or omission regarding a material fact in connection with prevailing wage records required by this section shall be liable for a civil penalty in an amount of up to $1,000 for each employee and each falsified record.
(3) Penalties shall be recoverable in civil actions and paid to the State.
Regulations
(c)(1) The Secretary shall adopt regulations to establish administrative procedures for the collection of payments under this subtitle.
(2)(i) The Secretary may file suit to enforce this section in any court of competent jurisdiction.
(ii) In an action filed under this subsection, the court shall require the contractor or subcontractor to pay the amount required by subsection (a) of this section, including interest, reasonable counsel fees, and court costs.

Credits

Added by Acts 2009, c. 687, § 1, eff. Oct. 1, 2009.
MD Code, State Finance and Procurement, § 17-606, MD STATE FIN & PROC § 17-606
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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