StateLawyers Logo Add Your Practice
Attorney Search Issue: State: Arkansas City: Search for an Attorney
Home About Us Legal Resources State Resources FAQ Add Your Practice Login Contact Us
Arkansas    -    Welcome  |  Attorneys  |  Cities  |  Counties  |  Information  |  Statutes
State Statutes - Maryland - Article Corporations - Municipal - (g23A) - Section 1A
Maryland Statutes
Search Maryland Statutes
Section 1A

      (a)      Unless otherwise specifically provided by the laws of Maryland, a municipal corporation, and every officer, department, agency, board, commission, or other unit of municipal 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 municipal corporation, 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 municipal corporation, or its officer, department, agency, board, commission, or other unit of government shall have the immunity from liability described under § 5-507(a) 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 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 municipal corporation 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 municipal corporation, 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 municipal corporation 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 municipal corporation.

      (f)      A municipal corporation 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 municipal corporation, 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 municipal corporation;

                  (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 municipal corporation 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 municipal corporation, provided that the decision of the officer or official body of a municipal corporation is subject to review on the record by a court of competent jurisdiction.


 
Click here to visit the Official Maryland State Statutes
Home  |   Sitemap  |   About Us  |   Contact Us  |   Privacy Policy  |   Security  |   Disclaimer  |   Add Your Practice  |   Attorney Login
Copyright © 2004 - 2009, StateLawyers.com, Inc. All Rights Reserved.