(a)   Unless otherwise specifically provided by the laws of Maryland, a code
county, 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 § 5-510 of the Courts and Judicial
Proceedings Article.
  (c)   A claim is barred unless the claimant files suit within one year from
the date on which the claim arose or within one year after the
completion of the contract giving rise to the claim, whichever is
later.
  (d)   In order to provide for the implementation of this section, the
governing body of every code 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 code
county 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 code county.
  (f)   A code county 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 code
county, 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 code
county;
      (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 code county 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
code county, provided that the decision of the officer or official body
of a code county is subject to review on the record by a court of
competent jurisdiction.
|