HARRY HUGHES, Governor
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(b) In any such action, the municipal corporation, or its
officer, department, agency, board, commission, or other unit of
government is not liable for punitive damages.
(c) A claim is barred unless the claimant files suit within
one year from the date on which the claim arose or within one
year after completion of the contract giving rise to the claim,
whichever is later.
(d) In order to provide for the implementation of this
section, the governing body of every municipal corporation shall
make available adequate funds for the satisfaction of any final
judgment, after the exhaustion of any right of appeal, which has
been rendered against the municipal corporation, or any officer,
department, agency, board, commission, or other unit of
government in an action in contract as provided in this section.
(E) A FINAL ADMINISTRATIVE DECISION CONCERNING ANY
CONTROVERSY OVER A CONTRACT ENTERED INTO BY A MUNICIPAL
CORPORATION IS SUBJECT TO JUDICIAL REVIEW DE NOVO. A MUNICIPAL
CORPORATION MAY NOT, BY CONTRACTUAL PROVISION OR OTHERWISE,
ATTEMPT TO DEPRIVE ANY PARTY OF THIS RIGHT OF JUDICIAL REVIEW.
(E) EXCEPT AS PROVIDED IN SUBSECTIONS (F) AND (G) OF THIS
SECTION, A MUNICIPAL CORPORATION MAY NOT REQUIRE IN A
CONSTRUCTION CONTRACT, OR OTHERWISE PROVIDE 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
FINAL BINDING OR CONCLUSIVE DETERMINATION BY AN OFFICER OR
OFFICIAL BODY OF A MUNICIPAL CORPORATION.
(F) A MUNICIPAL CORPORATION 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 A MUNICIPAL CORPORATION, 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 A MUNICIPAL CORPORATION;
(II) ONE MEMBER DESIGNATED BY THE OTHER PARTY
TO THE DISPUTE; AND
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