JOHN McSHAIN, INC. v. STATE

[No. 126, September Term, 1979.]

287 Md. 297 (1980)

411 A.2d 1048

JOHN McSHAIN, INC. OF MARYLAND v. STATE OF MARYLAND ET AL.

Court of Appeals of Maryland.

Decided March 11, 1980.


Attorney(s) appearing for the Case

Alva P. Weaver, III, with whom were David F. Clinnin and Lord, Whip, Coughlan & Green, P.A. on the brief, for appellant.

Thomas A. Baker, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Allan S. Levy, Assistant Attorney General, on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


MURPHY, C.J., delivered the opinion of the Court.

The issue in this case is whether the defense of sovereign immunity may be successfully asserted in a suit for money damages filed against the State and one of its agencies, the University of Maryland, for the alleged breach of a construction contract executed prior to July 1, 1976, but amended subsequent to that date by a series of contract modifications known as "change orders."

By ch. 450 of the Acts of...

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