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Session Laws, 1988
Volume 770, Page 1755   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 48

(3) A CERTIFICATION UNDER THIS SECTION IS PRIMA FACIE
EVIDENCE OF THE CONTENTS, EXECUTION, AND DELIVERY OF PAYMENT
SECURITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-201(c)
and (g) and, as it related to the persons protected by
payment security, (a)(l)(ii).

In subsection (b)(2) of this section, the former
reference to "registered" mail is deleted in light of
Art. 1, § 20 of the Code, which makes the terms
"registered mail" and "certified mail"
interchangeable. The reference to "certified mail"
conforms to the language used throughout the revised
articles of the Code.

In subsection (c)(3) of this section, the word
"certification" is substituted for the former word
"copy", to encompass a certified statement issued
under subsection (c)(1) of this section.

Defined terms: "Payment security" § 17-101
"Person" § 11-101 "Supplier" § 17-101

17-109. VENUE; LIMITATIONS; COSTS.

(A)  VENUE.

AN ACTION UNDER THIS SUBTITLE SHALL BE FILED IN THE
APPROPRIATE COURT OF THE COUNTY WHERE:

(1)  THE CONTRACT WAS EXECUTED AND PERFORMED; OR

(2)  THE CONTRACTOR HAS ITS PRINCIPAL PLACE OF
BUSINESS.

(B)  LIMITATIONS PERIOD.

AN ACTION UNDER THIS SUBTITLE SHALL BE FILED WITHIN 1 YEAR
AFTER THE PUBLIC BODY FINALLY ACCEPTS THE WORK PERFORMED UNDER
THE CONTRACT.

(C)  COSTS.

AN OBLIGEE NAMED IN A BOND OR A TRUSTEE FOR ANY OTHER
SECURITY IS NOT LIABLE FOR ANY COSTS IN CONNECTION WITH AN ACTION
UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-201(d).

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Session Laws, 1988
Volume 770, Page 1755   View pdf image
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