BRENDSEL v. WINCHESTER CONSTRUCTION CO., INC.

No. 66, September Term, 2005.

898 A.2d 472 (2006)

392 Md. 601

Leland BRENDSEL, et al. v. WINCHESTER CONSTRUCTION COMPANY, INC.

Court of Appeals of Maryland.

May 10, 2006.


Attorney(s) appearing for the Case

Lawrence S. Greenwald (Lawrence P. Fletcher-Hill and Catherine A. Bledsoe of Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, Baltimore), on brief, for petitioners.

Robert M. Wright (William P. Pearce of Whiteford, Taylor & Preston, Baltimore), on brief, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, and GREENE, JJ.


WILNER, J.

We shall resolve here the dilemma faced by a contractor who (1) is operating under a construction contract that requires disputes arising out of or relating to the contract to be submitted to binding arbitration, but (2) also may be entitled to a mechanics' lien, pursuant to Maryland Code, title 9, subtitle 1 of the Real Property Article (RP), for work done or materials furnished under the contract. Can the contractor seek to assure the prospect of ultimate...

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