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Session Laws, 1984
Volume 759, Page 2838   View pdf image
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2838                                         LAWS OF MARYLAND                                     Ch. 539

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

(G) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (E) AND
(F) OF THIS SECTION, A MUNICIPAL CORPORATION MAY PROVIDE OR
REQUIRE, WITH REGARD TO A CONSTRUCTION CONTRACT VALUED AT $10,000
OR MORE 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 A MUNICIPAL CORPORATION, PROVIDED THAT THE DECISION OF THE
OFFICER OR OFFICIAL BODY OF A MUNICIPAL CORPORATION IS SUBJECT TO
REVIEW DE NOVO ON THE RECORD BY A COURT OF COMPETENT
JURISDICTION.

(H) IF CONTRACT DISPUTE SETTLEMENT PROCEDURES ARE
AUTHORIZED BY A MUNICIPAL CORPORATION, IT MAY IN ITS DISCRETION
ELECT ONLY THOSE PROCEDURES OUTLINED IN EITHER SUBSECTIONS (F) OR

Article 25 - County Commissioners
1A.

(a)  Unless otherwise specifically provided by the laws of
Maryland, a county governed by county commissioners and organized
according to the provisions of this article, and every officer,
department, agency, board, commission, or other unit of county
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 county, or its
department, agency, board, commission, or unit by an official or
employee acting within the scope of his authority.

(b)  In any such action, the county, 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 filed 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 county commissioners of every county 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 county, 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 COUNTY GOVERNED BY
COUNTY COMMISSIONERS AND ORGANIZED ACCORDING TO THE PROVISIONS OF

 

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Session Laws, 1984
Volume 759, Page 2838   View pdf image
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