HARRY HUGHES, Governor

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THE CLAIM AND NOTIFY THE CONTRACTOR, IN WRITING, OF A DECISION
REGARDING RESOLUTION OF THE CLAIM. THE 180 DAY TIME LIMIT MAY BE
EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES.

(5)  (I) A DECISION NOT TO PAY A CLAIM IS A FINAL
ACTION FOR THE PURPOSE OF APPEAL TO THE BOARD OF CONTRACT
APPEALS.

(II) FAILURE TO REACH A DECISION WITHIN THE
TIME LIMITS UNDER PARAGRAPH (4) OF THIS SUBSECTION SHALL BE
DEEMED TO BE A DECISION NOT TO PAY THE CLAIM.

(6)  AT THE TIME OF FINAL PAYMENT, THE AGENCY SHALL:

(I)  RELEASE THE RETAINAGE DUE TO THE
CONTRACTOR; AND

(II)  PAY ANY INTEREST ACCRUED ON THE RETAINAGE
DUE AND PAYABLE TO THE CONTRACTOR FROM THE TIME OF PAYMENT OF THE
SEMIFINAL ESTIMATE.

[17-202.] 11-138. STATE BOARD OF CONTRACT APPEALS.

(a)  (1) There is a Maryland State Board of Contract
Appeals[, referred to in this title as the Appeals Board].

(2) The Appeals Board is an independent agency within
the executive branch and may not, except by statute, be made a
part of any [department or] OTHER STATE agency.

(b)  (1) The Appeals Board consists of [three] 3 members[,
each] appointed by the Governor with the advice and consent of
the Senate.

(2)  The members of the Appeals Board shall be
qualified to serve in a quasi-judicial capacity and shall have a
thorough knowledge of procurement practices and processes.

(3)   [Members initially appointed shall serve until
February 1, 1984. Thereafter, the members] (I) EACH MEMBER
shall have [5 year terms] A 5-YEAR TERM[. However, a member
shall] BUT MAY continue serving beyond his term until the
appointment and qualification of his successor.

(II) The terms of the members are staggered as
required by the terms provided for members of the Board on
February 1, 1984.

(4)  In the event of a vacancy on the Appeals Board,
the Governor shall appoint, with the advice and consent of the
Senate, a successor to serve the remainder of the unexpired term.

(5)  A member of the Appeals Board may be removed for
cause by the Governor.