HARRY HUGHES, Governor

2841

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

(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 CHARTERED COUNTY 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 CHARTERED
COUNTY, PROVIDED THAT THE DECISION OF THE OFFICER OR OFFICIAL
BODY OF A CHARTERED COUNTY 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 CHARTERED COUNTY, IT MAY IN ITS DISCRETION ELECT
ONLY THOSE PROCEDURES OUTLINED IN EITHER SUBSECTIONS (F) OR (G).

Article 25B - Home Rule for Code Counties

13A.

(a)  Unless otherwise specifically provided by the laws of
Maryland, a code 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 the completion of the contract giving rise to the
claim, whichever is later.