News & Insight

Bowie & Jensen’s Gina Harasti Successfully Resolves Case Filed in Federal Court Against Online Retailer and Several Foreign Companies

February 1, 2022

Gina Harasti successfully resolved a case filed in federal court against an online retailer and several foreign companies, including third party sellers and manufacturers of a generator and lithium ion battery sold on the retailer’s internet platform.  The matter stems

Read More

New Legislation Affecting Construction Companies in Maryland

April 15, 2016

With the close of the 2016 Maryland Legislative Session, several bills affecting construction companies were passed.  The following are summaries of each bill.  Governor Hogan must sign each bill into law, at which time each shall go into effect on

Read More

Maryland’s “Economic Loss Doctrine” Limits Contractor’s Ability to Recover against Design Professionals

April 1, 2016

The Maryland Court of Special Appeals reaffirmed the application of the “economic loss doctrine” to a dispute between a construction contractor and a design professional, holding that the lack of a contractual relationship between the two parties precludes the contractor

Read More

Miss Utility’s Authority to Assess Violations and Impose Penalties Deemed Constitutional by Maryland’s Highest Court

March 15, 2016

The highest court in Maryland held that the Maryland Underground Facilities Damage Prevention Authority, also known as Miss Utility (“the Authority” or “Miss Utility”), is empowered to assess civil penalties against any contractor that damages underground pipes or cables.  In

Read More

Maryland State Board of Contract Appeals Upholds State’s Right to Issue New Solicitation After Bid Opening

January 25, 2016

This appeal arose out of a solicitation for snow removal services at 14 MVA facilities across the State of Maryland. In the Appeal of McChesney Associates, Inc. 2907 (2015), the Maryland State Board of Contract Appeals considered whether after bid opening

Read More

Maryland State Board of Contract Appeals Dismisses Appeal Where Contractor Had No Reasonable Possibility of Being Awarded the Request for Proposal

January 20, 2016

In Appeal of Active Network, LLC, MSBCA 2920, the Maryland State Board of Contract Appeals considered whether the appellant had standing to bring forth a bid protest. Specifically, in response to a Request for Proposal, appellant ranked 7th out of

Read More

Maryland State Board of Contract Appeals Rules Bids Cannot Be Modified After Submission If Extrinsic Documentation Is Required

January 15, 2016

In Appeal of Concrete General, MSBCA 2918, the Maryland State Board of Contract Appeals denied the appellant the opportunity to correct errors in its initially submitted bid because the requested corrections required reference to extrinsic information not included in the

Read More

Maryland State Board of Contract Appeals Rules That Procurement Officers, Not Reviewing Agencies, Are Authorized to Issue Notices of Final Decision for Projects

January 11, 2016

In Appeal of KBE Building Corporation, MSBCA 2915, the Maryland State Board of Contract Appeals considered whether a procurement officer has the authority to issue a final determination or if the final determination must be issued by the “reviewing authority

Read More

Maryland State Board of Contract Appeals Holds Agency May Reject All Bids And Re-Advertise The Solicitation If In The State’s Best Interest, But Requires Competitive Bidding For Extension to Existing Contract

January 8, 2016

In Appeal of Cigna Corporation, MSBCA 2910, the Maryland State Board of Contract Appeals considered two issues on appeal: 1) whether the State’s properly rejected all bids and re-issued solicitations because of deficiencies in the originally requested pricing information and

Read More

Maryland State Board of Contract Appeals Rules That The Refusal To Grant An Extension of A Bid Due Date Is Not A Basis For A Valid Protest or Appeal

January 6, 2016

In Appeal of Intelect Corp., MSBCA 2905, the Maryland State Board of Contract Appeals found that the refusal to grant a prospective bidder’s request for an extension of a bid due date deadline is not a basis for a valid

Read More