Ch. 682                                    19% LAWS OF MARYLAND

(II) DOES NOT PRECLUDE RECOVERY OF THE AMOUNT PAID IF IT
SUBSEQUENTLY IS DETERMINED THAT THE DETERMINATION OF THE UNIT WAS NOT
CORRECT.

[(d)](F) (G) (1)A decision not to pay a contract claim OR TO DENY PARTIAL
PAYMENT OF THE CLAIM is a final action for the purpose of appeal to the Appeals
Board.

(2) The failure to reach a decision within the time required under
subsection (c) of this section may be deemed, at the option of the contractor, to be a
decision not to pay the contract claim.

[(e)] (G) (H) At the time of final payment, the unit shall:

(1)     release the retainage due to the contractor; and

(2)     pay any interest that:

(i) has accrued on the retainage from the time of payment of the
semifinal estimate; and

(ii) is due and payable to the contractor.
15-220.

(a)     Except for a contract claim related to a lease for real property, a bidder or
offeror, a prospective bidder or offeror, or a contractor may appeal the final action of a
unit to the Appeals Board.

(b)     An appeal under this section shall be filed:

(1) for a protest, within 10 days after receipt of the notice of a final action;
and

(2)     for a contract claim, within 30 days after receipt of the notice of a final
action.

15-221.2.

(A) THIS SECTION ONLY APPLIES TO A CLAIM RESULTING UNDER A
CONTRACT FOR CONSTRUCTION.

(B) THE APPEALS BOARD MAY AWARD TO A CONTRACTOR THE REASONABLE
COSTS OF FILING AND PURSUING A CLAIM INCLUDING REASONABLE ATTORNEY
FEES, IF THE APPEALS BOARD FINDS THAT THE CONDUCT OF UNIT PERSONNEL IN
PROCESSING A CONTRACT CLAIM IS IN BAD FAITH OR WITHOUT SUBSTANTIAL
JUSTIFICATION.

(C) THE APPEALS BOARD SHALL ADOPT REGULATIONS TO IMPLEMENT THIS
SECTION.

15-222:1:

(A) (1) NOTWITHSTANDING ANY PROVISION IN A PROCUREMENT
CONTRACT, THE APPEALS BOARD MAY ORDER AN AGENCY TO PAY A PENALTY TO A

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