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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-5A-02" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="5A" subtitle_name="Contract Claims Against Local Governments">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>In a contract action described in subsection (a) of this section, a county and its officers and units are not liable for punitive damages.</text>
  </level>
  <level label="c">
    <text>A claim is barred unless the claimant files suit within the later of 1 year after:</text>
    <level label="1">
      <text>The date on which the claim arose; or</text>
    </level>
    <level label="2">
      <text>The date of completion of the contract that gave rise to the claim.</text>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>A neutral person selected by, or under a procedure established by, the highest executive authority of the county; or</text>
      </level>
      <level label="ii">
        <text>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:</text>
        <level label="1">
          <text>One member designated by the highest executive authority of the county;</text>
        </level>
        <level label="2">
          <text>One member designated by the other party to the dispute; and</text>
        </level>
        <level label="3">
          <text>One member to be selected by mutual agreement of the two designated members from lists submitted by the parties to the dispute.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
</section>
