# Business Regulation (GBR)

## Title 8. Home Improvement

### Subtitle 4. Home Improvement Guaranty Fund

#### Section 8-408

(a)

  (1) The Commission may join a proceeding on a claim against the Fund with a disciplinary proceeding against a licensed contractor under Subtitle 3 of this title, if the disciplinary hearing is based on the same facts alleged in the claim.

  (2) In a consolidated proceeding, the claimant is a party and may participate in the hearing to the extent necessary to establish the claim.

(b)

  (1) Notwithstanding Sec. 8-402(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Fund and bring an action in a court of competent jurisdiction against a contractor based on the same facts alleged in the claim.

  (2) If the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in a pending claim, the Commission shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.

  (3)

    (i) To the extent that a final judgment or final award in arbitration is decided in favor of the claimant, the Commission shall approve the claim against the Fund.

    (ii) If a final judgment or final award in arbitration is decided in favor of the defendant, the Commission shall dismiss the claim against the Fund.

---

Md. Code Ann., Bus. Reg. (as displayed at mgaleg.maryland.gov, October 16, 2026)