# COMAR Title 21 — State Procurement Regulations

## Subtitle 10 — Administrative and Civil Remedies

### Chapter 08 — Prompt Payment of Subcontractors

#### Regulation .01 Definitions.

*COMAR 21.10.08.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) Undisputed Amount.

    (a) “Undisputed amount” means an amount owed by a contractor to a subcontractor or supplier for which there is no good faith dispute, including any retainage withheld.

    (b) “Undisputed amount” includes an amount withheld because of a dispute arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld.

  (2) “Prime contractor” means a person or firm that has a State procurement contract with a unit.

  (3) Contractor.

    (a) “Contractor” means a person or firm that:

      (i) Has an agreement to perform all or some of the work required under a State contract; and

      (ii) Subcontracts with another person or firm for performance of all or some of the work required under the contract.

    (b) “Contractor” includes a prime contractor and a subcontractor at any tier.

  (4) “Subcontractor” means a person or firm that has an agreement with a contractor to perform all or some of the contractor's work under a State contract.

  (5) “Supplier” has the same definition set forth in State Finance and Procurement Article. §15–226, Annotated Code of Maryland, and COMAR 21.01.02.01.B.