2836                                         LAWS OF MARYLAND                                     Ch. 539

PARTIES INVOLVING $10,000 OR MORE REGARDING THE TERMS OF THE
CONTRACT OR PERFORMANCE UNDER THE CONTRACT, BE SUBJECT TO FINAL
BINDING OR CONCLUSIVE DETERMINATION BY AN OFFICER OR OFFICIAL
BODY OF BALTIMORE CITY.

(B) BALTIMORE CITY MAY REQUIRE OR PROVIDE, WITH REGARD TO A
CONSTRUCTION CONTRACT TO WHICH IT IS A PARTY, THAT IF THERE IS A
DISPUTE REGARDING THE TERMS OF THE CONTRACT OR PERFORMANCE UNDER
THE CONTRACT, THE QUESTION OR QUESTIONS INVOLVED IN THE DISPUTE
SHALL BE SUBJECT TO A DETERMINATION WHICH IS FINAL AND CONCLUSIVE
ON ALL PARTIES, MADE EITHER BY:

(1) A NEUTRAL PERSON OR ENTITY SELECTED BY OR IN
ACCORDANCE WITH A PROCEDURE ESTABLISHED BY THE HIGHEST EXECUTIVE
AUTHORITY OF BALTIMORE CITY; OR

(2) IN THE EVENT THAT THE OTHER PARTY DOES NOT ACCEPT
AS NEUTRAL A PERSON OR ENTITY SELECTED UNDER PARAGRAPH (1) OF
THIS SUBSECTION, BY AN ARBITRATION PANEL COMPOSED OF THE
FOLLOWING:

(I) ONE MEMBER DESIGNATED BY THE HIGHEST
EXECUTIVE AUTHORITY OF BALTIMORE CITY;

(II) ONE MEMBER DESIGNATED BY THE OTHER PARTY
TO THE DISPUTE; AND

(III) ONE MEMBER TO BE SELECTED BY MUTUAL
AGREEMENT OF THE 2 DESIGNATED MEMBERS FROM LISTS TO BE SUBMITTED
BY THE PARTIES TO THE DISPUTE.

(C) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A) AND
(B) OF THIS SECTION, BALTIMORE CITY MAY PROVIDE OR REQUIRE, WITH
REGARD TO A CONSTRUCTION CONTRACT TO WHICH IT IS A PARTY, THAT A
DISPUTE BETWEEN THE PARTIES INVOLVING $10,000 OR MORE REGARDING
THE TERMS OF THE CONTRACT OR PERFORMANCE UNDER THE CONTRACT, BE
SUBJECT TO A DETERMINATION OF QUESTIONS OF FACT BY AN OFFICER OR
OFFICIAL BODY OF BALTIMORE CITY, PROVIDED THAT THE DECISION OF
THE OFFICER OR OFFICIAL BODY OF BALTIMORE CITY IS SUBJECT TO
REVIEW ON THE RECORD BY A COURT OF COMPETENT JURISDICTION.

Article 23A - Corporations - Municipal

1A.

(a) Unless otherwise specifically provided by the laws of
Maryland, a municipal corporation, and every officer, department,
agency, board, commission, or other unit of municipal government
may not raise the defense of sovereign immunity in the courts of
this State in an action in contract based upon a written contract
executed on behalf of the municipal corporation, or its
department, agency, board, commission, or unit by an official or
employee acting within the scope of his authority.