BEKA INdUSTRIES, INC. v. BOARD OF ED.

No. 47, September Term, 2010.

18 A.3d 890 (2011)

419 Md. 194

BEKA INDUSTRIES, INC. v. WORCESTER COUNTY BOARD OF EDUCATION.

Court of Appeals of Maryland.

April 26, 2011.


Attorney(s) appearing for the Case

David D. Gilliss ( Eric G. Korphage and Sean P. Foley of Pike & Gilliss, LLC, Timonium, MD), on brief, for petitioner/cross-respondent.

James W. Almand (Ayres, Jenkins, Gordy & Almand, P.A., Ocean City, MD), on brief, for respondent/cross-petitioner.

Leslie Robert Stellman ( Shani K. Whisonant of Hodes, Pessin & Katz, P.A., Towson, MD), on brief, for respondent/crosspetitioner.

William M. Huddles, Esq. , Kenneth K. Sorteberg, Esq. , Huddles Jones Sorteberg & Dachille, PC, Columbia, MD, for Amicus Curiae brief of Associated Builders and Contractors, Inc., Baltimore, Metro Chapter, and the Surety & Fidelity Association of America.

Adam C. Harrison, Esq. , Eli Robbins, Esq. , Harrison Law Group, Towson, MD, for Amicus Curiae brief of American Subcontractors Association, the American Subcontractors Association of Baltimore, and the D.C. Metropolitan Subcontractors Association.

John E. Bloxom, Esq. , County Atty., Snow Hill, MD, for Amicus Curiae brief of County Commissioners of Worcester County, Maryland.

Stephen C. Bounds, Esq. , Director of Legal and Policy Services, Maryland Association of Boards of Education, Annapolis, MD, for Amicus Curiae brief of Maryland Association of Boards of Education.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


GREENE, J.

This case arises from a written contract dispute between Beka Industries, Inc. ("BEKA") and the Board of Education of Worcester County ("the County Board").1 Between 2004 and 2006, BEKA was one of twenty trade contractors to be awarded a lump sum contract to contribute to the construction of a new public school, Ocean City Elementary School, in Worcester County. Dissatisfied with the method and amounts of the County Board's...

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