2840                                             LAWS OF MARYLAND                                         Ch. 539

(H) IF CONTRACT DISPUTE SETTLEMENT PROCEDURES ARE

AUTHORIZED BY A COUNTY GOVERNED BY COUNTY COMMISSIONERS, IT MAY
IN ITS DISCRETION ELECT ONLY THOSE PROCEDURES OUTLINED IN EITHER
SUBSECTION (F) OR (G).

Article 25A - Chartered Counties

1A.

(a)  Unless otherwise specifically provided by the laws of
Maryland, a chartered county, 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 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 chartered 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 CHARTERED COUNTY IS
SUBJECT TO JUDICIAL REVIEW DE NOVO. A CHARTERED COUNTY 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 CHARTERED COUNTY 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 CHARTERED COUNTY.

(F) A CHARTERED COUNTY 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: