Argued: January 25, 2017
from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
Gregory S. Martin, MARTIN HILD, P.A., Maitland, Florida, for
Patrick Donald Sheridan, BALTIMORE CITY DEPARTMENT OF LAW,
Baltimore, Maryland, for Appellee.
F. Webster, HUDDLES, JONES, SORTEBERG & DACHILLE, P.C.,
Columbia, Maryland, for Appellant.
P.G. Webb, Assistant Solicitor, BALTIMORE CITY DEPARTMENT OF
LAW, Baltimore, Maryland, for Appellee.
GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges.
by published opinion. Judge Harris wrote the opinion, in
which Chief Judge Gregory and Judge Thacker joined.
HARRIS, Circuit Judge.
Beatty Infrastructure, Inc. ("BBII") sued the City
of Baltimore for breach of contract, alleging that the City
unlawfully assessed liquidated damages against the company
for failure to complete a construction project on time. The
issue in this appeal is whether BBII must exhaust its
administrative remedies against the City before suing in
federal court. We agree with the district court that BBII is
not excused from the normal requirement of administrative
exhaustion under Maryland law, and therefore affirm the
district court's dismissal for lack of subject matter