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§ 5-5A-02. Counties

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 5a. Contract Claims Against Local Governments (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-5A-02
Formerly cited as MD CODE, Art. 25, § 1A; MD CODE, Art. 25A, § 1A; MD CODE, Art. 25B, § 13A; MD CTS & JUD PRO, § 5-508; MD CTS & JUD PRO, § 5-509; MD CTS & JUD PRO, § 5-510
§ 5-5A-02. Counties
Currentness
Defense of sovereign immunity barred
(a) Except as otherwise provided by State law, a county and its officers and units may not raise the defense of sovereign immunity in a court of the State in a contract action based on a written contract executed on behalf of the county or its units by an official or employee acting within the scope of the official's or employee's authority.
Punitive damages
(b) In a contract action described in subsection (a) of this section, a county and its officers and units are not liable for punitive damages.
Statute of limitations
(c) A claim is barred unless the claimant files suit within the later of 1 year after:
(1) The date on which the claim arose; or
(2) The date of completion of the contract that gave rise to the claim.
Satisfaction of judgments
(d) The governing body of a county shall make available adequate money to satisfy any final judgment, after any right of appeal is exhausted, against the county or its officers or units in a contract action under this section.
Resolution of disputes in construction contracts
(e)(1) A county may require, in connection with a construction contract to which the county is a party, that a dispute regarding the terms of or performance under the contract be subject to a final, binding determination by:
(i) A neutral person selected by, or under a procedure established by, the highest executive authority of the county; or
(ii) If the other party to the dispute does not accept as neutral the person selected under item (i) of this paragraph, an arbitration panel composed of:
1. One member designated by the highest executive authority of the county;
2. One member designated by the other party to the dispute; and
3. One member to be selected by mutual agreement of the two designated members from lists submitted by the parties to the dispute.
(2) Except as provided in paragraph (3) of this subsection, a county may not require, in connection with a construction contract to which the county is a party, that a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a final, binding determination made by an officer or official body of the county.
(3) A county may require, in connection with a construction contract to which the county is a party, that questions of fact arising from a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a determination by an officer or official body of the county if the decision of the officer or official body is subject to judicial review on the record.

Credits

Added by Acts 2013, c. 119, § 3, eff. Oct. 1, 2013.
MD Code, Courts and Judicial Proceedings, § 5-5A-02, MD CTS & JUD PRO § 5-5A-02
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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