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PARRIS N. GLENDENING, Governor
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Ch. 176
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(5) the behavior and activities of the applicant or licensee before and
after the conviction.
8-405.
(a) Subject to this subtitle, an owner may recover compensation from the
Fund for an actual loss that results from an act or omission by a licensed contractor
or a violation of § 8-607(4) of this title as found by the Commission or a court of
competent jurisdiction.
(b) For purposes of recovery from the Fund, the act or omission of a licensed
contractor includes the act or omission of a subcontractor, salesperson, or employee of
the licensed contractor, whether or not an express agency relationship exists.
(c) A claimant shall comply with a written agreement to submit a dispute to
arbitration before seeking recovery from the Fund.
(d) The Commission may deny a claim if the Commission finds that the
claimant unreasonably rejected good faith efforts by the contractor to resolve the
claim.
(e) The Commission may not award from the Fund:
(1) more than $15,000 to 1 claimant for acts or omissions of 1 contractor;
(2) more than $100,000 to all claimants for acts or omissions of 1
contractor unless, after the Commission has paid out $100,000 on account of acts or
omissions of the contractor, the contractor reimburses $100,000 to the Fund;
(3) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION, an
amount for attorney fees, consequential damages, court costs, interest, personal
injury damages, or punitive damages; or
(4) an amount as a result of a default judgment in court.
(F) THE COMMISSION MAY AWARD FROM THE FUND AN AMOUNT FOR
ATTORNEY FEES, CONSEQUENTIAL DAMAGES, COURT COSTS, INTEREST, PERSONAL
INJURY DAMAGES, OR PUNITIVE DAMAGES IF:
(1) THE CONTRACTOR PERFORMS HOME IMPROVEMENT WORK
WITHOUT THE GENERAL LIABILITY INSURANCE REQUIRED BY § 8-307.1 OF THIS
TITLE; AND
(2) A CLAIM AGAINST THE FUND IS MADE BASED ON THE HOME
IMPROVEMENT WORK PERFORMED WITHOUT GENERAL LIABILITY INSURANCE.
[(f)] (G) (1) A claim against the Fund based on the act or omission of a
particular contractor may not be made by:
(i) a spouse or other immediate relative of the contractor;
(ii) an employee, officer, or partner of the contractor; or
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- 1629 -
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