HARRY HUGHES, Governor

2839

THIS ARTICLE IS SUBJECT TO JUDICIAL REVIEW DO NOVO. A COUNTY
GOVERNED BY COUNTY COMMISSIONERS AND ORGANIZED ACCORDING TO THE
PROVISIONS OF THIS ARTICLE 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 COUNTY GOVERNED BY COUNTY COMMISSIONERS 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 COUNTY GOVERNED BY COUNTY
COMMISSIONERS.

(F) A COUNTY GOVERNED BY COUNTY COMMISSIONERS 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 COUNTY GOVERNED BY COUNTY COMMISSIONERS, 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 COUNTY GOVERNED BY COUNTY COMMISSIONERS;

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

(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 COUNTY GOVERNED BY COUNTY COMMISSIONERS
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 COUNTY GOVERNED BY COUNTY COMMISSIONERS, PROVIDED THAT
THE DECISION OF THE OFFICER OR OFFICIAL BODY OF A COUNTY GOVERNED
BY COUNTY COMMISSIONERS IS SUBJECT TO REVIEW DE NOVO ON THE
RECORD BY A COURT OF COMPETENT JURISDICTION.