34-104. Contract with architect; proprietary specifications; penalty; compensation

A. The architect employed shall execute with the agent a contract to prepare working drawings and details and specifications for the proposed project, and to supervise its construction, unless the agent does not employ the architect to supervise the work.

B. An architect shall not use and the agent shall not allow the use of bidding, contracting or purchasing specifications proprietary to one supplier, distributor or manufacturer unless the specification includes both of the following:

1. A description of the essential characteristics of the products so specified.

2. A statement indicating the intent to consider alternative products which have the desired essential characteristics if such alternative products are identified.

C. Persons desiring to submit alternative product proposals for prior approval of the architect shall submit such proposals at least eight days prior to the original deadline for receiving bids. The architect shall consider and either approve or reject all proposals submitted and shall comply with the following requirements:

1. If, by the close of the fifth day prior to the deadline for receiving bids, the architect has approved any alternative product proposals, the bidding documents shall be modified to include the alternative products. The architect shall publish the modification in the same manner as the original bidding documents at least five days prior to the bidding deadline.

2. If the architect rejects an alternative product proposal, he shall give notice of the rejection to the agent prior to the deadline for receiving bids. Notice shall include a description of the rejected product.

D. A person who knowingly uses or allows the use of a bidding, contracting or purchasing specification proprietary to one supplier, distributor or manufacturer in violation of subsection B or fails to publish any alternate product as provided in subsection C, paragraph 1, or fails to give notice of rejection of an alternate proposal to the agent as provided in subsection C, paragraph 2 is liable for a civil penalty in an amount not to exceed twenty-five thousand dollars for each violation. The attorney general shall bring an action to recover such penalty in the name of this state in the superior court in the county in which the violation occurred.

E. If in the agent's judgment a satisfactory proposal is not received for construction of the project completely finished in accordance with the accepted plans and specifications, then the architect shall revise the scope or quality of the project, or both, as necessary to obtain a satisfactory proposal to construct the project.

F. If the proposed project is abandoned or suspended for a period of more than one hundred eighty days through no fault of the architect, he shall be compensated.