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Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore

United States Court of Appeals, Fourth Circuit

April 25, 2017

BALFOUR BEATTY INFRASTRUCTURE, INC., Plaintiff - Appellant,
v.
MAYOR AND CITY COUNCIL OF BALTIMORE, Defendant-Appellee.

          Argued: January 25, 2017

         Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:15-cv-01745-RDB)

         ARGUED:

          Gregory S. Martin, MARTIN HILD, P.A., Maitland, Florida, for Appellant.

          Patrick Donald Sheridan, BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellee.

         ON BRIEF:

          Lucas F. Webster, HUDDLES, JONES, SORTEBERG & DACHILLE, P.C., Columbia, Maryland, for Appellant.

          Thomas P.G. Webb, Assistant Solicitor, BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellee.

          Before GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges.

         Affirmed by published opinion. Judge Harris wrote the opinion, in which Chief Judge Gregory and Judge Thacker joined.

          PAMELA HARRIS, Circuit Judge.

         Balfour 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 jurisdiction.

         I.

...


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