What is the judicial review process for construction disputes?
Judicial review is a process used when a party to a construction dispute wishes to challenge a decision made by a court, administrative agency, or other tribunal. In Maryland, the judicial review process begins with filing a complaint in the court of appeals. This is done by providing the court with a written statement explaining why the proposed decision by the tribunal is wrong and should be overturned. The court of appeals typically reviews the complaint and may decide to grant a hearing to consider the dispute in more detail. If the court of appeals decides to move forward with a hearing, the parties present their evidence and arguments before a panel of judges who will decide the outcome. The court of appeals ultimately makes a decision and issues an order, and the parties are either satisfied with the ruling or may appeal to the Maryland Court of Special Appeals. This court, the Maryland’s highest appellate court, reviews the order issued by the court of appeals and either upholds the original decision or sends it back for further review. At the end of the process, if the matter has not been resolved, the aggrieved party may appeal the decision to the Supreme Court of the United States. The Supreme Court may choose to hear the case or deny the appeal, at which point the decision of the lower court(s) is final and binding.
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