James Julian, Inc. v. Hall

BALICK, Judge:

In this action plaintiff, a highway construction firm, asserts various claims for damages relating to contracts with the State for construction of two stretches of 1-95. The State has filed a motion to dismiss 'for failure to exhaust the administrative remedy. The parties have agreed that the court can decide the factual issues raised by the motion on the record without a hearing.

The State’s motion is based on the following statute:

The execution and performance of all contracts awarded by the Department shall be under the charge of the Secretary of Highways and Transportation,…