(a)   Unless otherwise specifically provided by the laws of Maryland, a
county governed by county commissioners and organized according to the
provisions of this article, and every officer, department, agency,
board, commission, or other unit of county government may not raise the
defense of sovereign immunity in the courts of this State in an action
in contract based upon a written contract executed on behalf of the
county, or its department, agency, board, commission, or unit by an
official or employee acting within the scope of his authority.
  (b)   In any action in contract described under subsection (a) of this
section, the county, or its officer, department, agency, board,
commission, or other unit of government shall have the immunity from
liability described under § 5-508(a) of the Courts and Judicial
Proceedings Article.
  (c)   A claim is barred unless the claimant filed suit within one year from
the date on which the claim arose or within one year after completion
of the contract giving rise to the claim, whichever is later.
  (d)   In order to provide for the implementation of this section, the county
commissioners of every county shall make available adequate funds for
the satisfaction of any final judgment, after the exhaustion of any
right of appeal, which has been rendered against the county, or any
officer, department, agency, board, commission, or other unit of
government in an action in contract as provided in this section.
  (e)   Except as provided in subsections (f) and (g) of this section, a county
governed by county commissioners 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 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 a county governed by
county commissioners.
  (f)   A county governed by county commissioners may require or provide, with
regard to a construction contract to which it is a party, that if there
is a dispute regarding 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 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 of a county
governed by county commissioners; or
    (2)   In the event that 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 of a county
governed by county commissioners;
      (ii)   One member designated by the other party to the dispute; and
      (iii)   One member to be selected by mutual agreement of the two designated
members from lists to be submitted by the parties to the dispute.
  (g)   Notwithstanding the provisions of subsections (e) and (f) of this
section, a county governed by county commissioners may provide or
require, with regard to a construction contract to which it is a party,
that a dispute between the parties involving $10,000 or more regarding
the terms of the contract or performance under the contract, be subject
to a determination of questions of fact by an officer or official body
of a county governed by county commissioners, provided that the
decision of the officer or official body of a county governed by county
commissioners is subject to review on the record by a court of
competent jurisdiction.
|