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S.B. 376
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VETOES
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(C) A CLAIM IS BARRED UNLESS THE CLAIMANT FILES SUIT WITHIN 1 YEAR
FROM THE DATE ON WHICH TOE 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
performance under the contract, the [question or] questions involved in the dispute
shall be subject to a determination [which] THAT is final and conclusive on all
parties, made either by:
(1) a neutral person or entity selected by or in accordance with a
procedure established by the [highest executive authority] MAYOR of Baltimore City;
or
(2) [in the event that] IF the other party does not accept as neutral a
person or entity selected under paragraph (1) of this subsection, by an arbitration
panel composed of the following:
(i) one member designated by the [highest executive authority]
MAYOR of Baltimore City;
(ii) one member designated by the other party to the dispute; and
(iii) one member [to be] selected by mutual agreement of the 2
designated members from lists to be submitted by the parties to the dispute.
[(c)] (G) Notwithstanding the provisions of subsections [(a) and (b)] (E) AND
(F) of this section, [Baltimore City may provide or require,] with regard to a
construction contract to which it is a party, BALTIMORE CITY MAY PROVIDE OR
REQUIRE that IF THERE IS a dispute between the parties involving $10,000 or more
[regarding] OVER the terms of the contract or performance under the contract, [be
subject] THE DISPUTE IS SUBJECT to a determination of questions of fact by an officer
or official body of Baltimore City, [provided that the decision of the officer or official
body of Baltimore City is] subject to review on the record by a court of competent
jurisdiction.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 2002.
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- 4548 -
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