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Ch. 521
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2002 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
The Charter of Baltimore City
Article II - General Powers
The Mayor and City Council of Baltimore shall have full power and authority to
exercise all of the powers heretofore or hereafter granted to it by the Constitution of
Maryland or by any Public General or Public Local Laws of the State of Maryland;
and in particular, without limitation upon the foregoing, shall have power by
ordinance, or such other method as may be provided for in its Charter, subject to the
provisions of said Constitution and Public General Laws:
(4A)
(A) UNLESS OTHERWISE SPECIFICALLY PROVIDED BY THE LAWS OF
MARYLAND, BALTIMORE CITY, ITS OFFICERS, DEPARTMENTS, AGENCIES, BOARDS,
COMMISSIONS, OR OTHER UNITS OF GOVERNMENT MAY NOT RAISE THE DEFENSE OF
SOVEREIGN IMMUNITY IN THE COURTS OF THIS STATE IN AN ACTION IN CONTRACT
BASED ON A WRITTEN CONTRACT EXECUTED ON BEHALF OF THE CITY,
DEPARTMENT, AGENCY, BOARD, COMMISSION, OR UNIT BY AN OFFICIAL OR
EMPLOYEE ACTING WITHIN THE SCOPE OF AUTHORITY.
(B) IN ANY ACTION IN CONTRACT DESCRIBED IN SUBSECTION (A). OF THIS
SECTION, BALTIMORE CITY, ITS OFFICERS, DEPARTMENTS, AGENCIES, BOARDS,
COMMISSIONS, AND OTHER UNITS OF GOVERNMENT HAVE THE IMMUNITY FROM
LIABILITY DESCRIBED IN § 5-509 OF THE COURTS AND JUDICIAL PROCEEDINGS
ARTICLE.
(C) A CLAIM IS BARRED UNLESS THE CLAIMANT FILES SUIT WITHIN 1 YEAR
FROM THE DATE ON WHICH THE CLAIM AROSE OR WITHIN 1 YEAR AFTER
COMPLETION OF THE CONTRACT GIVING RISE TO THE CLAIM, WHICHEVER IS LATER
(D) THE MAYOR AND CITY COUNCIL OF BALTIMORE SHALL MAKE AVAILABLE
ADEQUATE FUNDS FOR THE SATISFACTION, AFTER THE EXHAUSTION OF ANY RIGHT
OF APPEAL, OF A FINAL JUDGMENT THAT HAS BEEN RENDERED AGAINST THE CITY
OR ANY OFFICER, DEPARTMENT, AGENCY, BOARD, COMMISSION, OR OTHER UNIT OF
GOVERNMENT IN AN ACTION IN CONTRACT AS PROVIDED IN THIS SECTION.
[(a)] (E) Except as provided in subsections [(b) and (c)] (F) AND (G) of this
section, Baltimore City may not require in a construction contract, or otherwise
provide with regard to a construction contract, to which it is a party, that a dispute
between the parties involving $10,000 or more [regarding] OVER the terms of the
contract or performance under the contract[,] be subject to final binding or conclusive
determination by an officer or official body of Baltimore City.
[(b)] (F) [Baltimore City may require or provide, with] WITH regard to a
construction contract to which it is a party, BALTIMORE CITY MAY PROVIDE OR
REQUIRE that if there is a dispute [regarding] OVER the terms of the contract or
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- 3970 -
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