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Session Laws, 1988
Volume 770, Page 5216   View pdf image
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VETOES

(2) PLACE AMOUNTS IN DISPUTE IN AN INTEREST BEARING
ESCROW ACCOUNT IN A BANK OR FINANCIAL INSTITUTION WHICH HAS BEEN
LICENSED TO DO BUSINESS IN MARYLAND AN DESIGNATED BY THE OWNER;
AND

(3)(I) PROVIDE THE NAMES AND ADDRESS OF ALL

CLAIMANTS ON THE ESCROW ACCOUNT RECORDS; AND

(II) GIVE INSTRUCTIONS TO THE ESCROW AGENT TO
DISBURSE THE FUNDS AND INTEREST EARNED:

A. IN A MANNER MUTUALLY AGREED TO; OR

B. UPON RECEIPT OF A CERTIFIED COPY OF A
FINAL JUDGMENT RESOLVING THE DISPUTE AMONG THE LISTED CLAIMANTS.

(II) IF THE CONTRACT PROVIDES FOR SPECIFIC
DATES OR TIMES OF PAYMENT, PAY OR MAKE ARRANGEMENTS TO PAY
UNDISPUTED AMOUNTS OWED ON THE DATES OR TIMES SPECIFIED IN THE
CONTRACT.
-----------------------------------------------------------

(C)  IN ADDITION TO ANY OTHER REMEDY PROVIDED UNDER ANY
OTHER PROVISION OF LAW, A COURT OF COMPETENT JURISDICTION, FOR
GOOD CAUSE SHOWN, MAY:

(1) AWARD ANY EQUITABLE RELIEF FOR PROMPT PAYMENT OF
UNDISPUTED AMOUNTS THAT IT CONSIDERS NECESSARY, INCLUDING THE
ENJOINING OF FURTHER VIOLATIONS; AND

(2) IN ANY ACTION, AWARD, REASONABLE ATTORNEY FEES,
INTEREST FROM DATE OF OCCUPANCY PERMIT OR TAKING POSSESSION, AND
COSTS INCURRED TO THE PREVAILING PARTY.

(D)   IF A COURT DETERMINES THAT AN OWNER, CONTRACTOR OR
SUBCONTRACTOR WHO IS A PARTY TO A CONTRACT DESCRIBED UNDER THIS
SECTION HAS ACTED IN BAD FAITH BY FAILING TO PAY ANY UNDISPUTED
AMOUNTS OWED AS REQUIRED UNDER SUBSECTION (B) OF THIS SECTION,
THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES, INTEREST FROM THE
DATE THE COURT DETERMINES THAT THE AMOUNT OWED WAS DUE, AND ANY
REASONABLE COSTS INCURRED.--------------------------------------

(E)  THIS SUBTITLE DOES NOT:

(1)  AFFECT THE RIGHTS OF CONTRACTING PARTIES UNDER
TITLE 9, SUBTITLE 1 OF THIS ARTICLE;

(2)  APPLY TO A CONTRACT FOR THE CONSTRUCTION AND SALE
OF A SINGLE FAMILY RESIDENTIAL DWELLING;

(3)  APPLY TO ANY TRANSACTION COVERED BY LAW UNDER THE
CUSTOM HOME PROTECTION ACT, TITLE 10, SUBTITLE 5 OF THIS ARTICLE;
AND

- 5216 -

 

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Session Laws, 1988
Volume 770, Page 5216   View pdf image
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