81-1716.

Professional services; contract; contingent fees; prohibited; penalty.

(1) Each contract for professional services entered into by the agency shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, professional engineer, or landscape architect, as applicable, warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for him or her, to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him or her, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or the making of this agreement.

(2) Upon violation of this section, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.