Nebraska Statutes 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.
Terms Used In Nebraska Statutes 81-1716
- Agency: shall mean each board, commission, bureau, council, department, officer, division, the University of Nebraska, the Nebraska state colleges, or other administrative office or unit of state government. See Nebraska Statutes 81-1705
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Firm: shall mean any individual, partnership, limited liability company, corporation, association, or other legal entity permitted by law to practice architecture, engineering, landscape architecture, or land surveying in the state. See Nebraska Statutes 81-1706
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Professional services: shall mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or professional land surveying as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or professional land surveyor in connection with his or her professional employment practice. See Nebraska Statutes 81-1704
(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.