2842

LAWS OF MARYLAND

Ch. 539

(d) In order to provide for the implementation of this
section, the governing body of every code 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 CODE COUNTY IS
SUBJECT TO JUDICIAL REVIEW DE NOVO. A CODE 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 CODE 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 CODE COUNTY.

(F) A CODE 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:

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