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WILLIAM DONALD SCHAEFER, Governor
Ch. 48
In subsection (b)(1) of this section, the reference to
filing a "complaint" is substituted for the former
reference to filing a "suit" to conform to the
language used in the Maryland Rules.
Also in subsection (b)(1) of this section, the former
reference to a circuit court "with law and equity
jurisdiction" is deleted as unnecessary since, under
the Maryland Rules, the Court of Appeals has merged
law and equity.
Defined terms: "County" § 11-101
"Person" § 11-101 "Public body" § 17-301
17-306. SHORT TITLE.
THIS SUBTITLE MAY BE CITED AS THE "MARYLAND BUY AMERICAN
STEEL ACT".
REVISOR'S NOTE: This section formerly appeared as SF §
12-405.
The only changes are in style.
GENERAL REVISOR'S NOTE TO DIVISION II.
Content:
In the 1986 session, the General Assembly enacted Ch. 840,
which substantially changed the general procurement laws of the
State, then codified as Division II of the State Finance and
Procurement Article (1985). Ch. 840 had a delayed effective date
and, thus, became law on July 1, 1987.
During the same 1986 session, numerous other laws were
enacted, effective July 1, 1986. Except in one instance, these
laws made no reference to Ch. 840, particularly the extensive
renumbering effected by that Chapter. Nonetheless, it was
- 1797 -
The Procurement Revision Review Committee notes, for
consideration by the General Assembly, that the
reference to recovery to "the full extent of the
contract" in subsection (b)(2) of this section, which
is carried over from former SF § 12-403, is ambiguous.
That reference may be interpreted to mean that the
State is entitled to recover payment for work
satisfactorily performed if the contractor failed to
comply with this subtitle. The General Assembly may
wish to clarify the reference to "the full extent of
the contract" if it desires to make clear that the
State may not recover a payment made for work
satisfactorily performed.
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