A second Maryland firm has sued the owner and general contractor of Baltimore's historic B&O Building in an effort to get paid for work done to complete the $65 million Hotel Monaco that opened there in late July.
Attorneys for D.F. Smith Inc. of Glen Burnie, a masonry subcontractor, filed a complaint this week in Baltimore Circuit Court to establish and enforce a mechanic's lien against the property.
The complaint filed by Michael P. Darrow of Hillman, Brown and Darrow PA states that Smith is seeking $29,761.47, plus prejudgment interest for "masonry work, service and materials" provided between April 10 and July 22 in the 13-story building at 2 N. Charles St.
D.F. Smith is suing the building's owner, Baltimore and Charles Associates, and general contractor, James M. Jost & Co.
In an earlier lawsuit, J.F. Johnson Lumber Co. of Millersville claimed it is owed more than $230,000 for doors, wood trim and other materials provided for the hotel.
Circuit Judge Evelyn Omega Cannon issued a final order establishing a mechanic's lien and directing a sale of the property unless Johnson was paid $184,000 plus interest and attorneys' fees by Aug. 31.
Attorneys for Jost and Charles & Baltimore Associates appealed that decision and filed evidence of obtaining a $225,000 bond to accompany the appeal. As a result, the sale has been called off and the case will go to the Maryland Court of Special Appeals, the state's second highest court, for review, according to Darrow, who is also representing Johnson.
James Jost, head of the company that bears his name, said on Monday that he was working with the Smith company to settle the case out of court. But Anita Smith, vice president of the 33-year-old masonry firm, said on Tuesday that its suit is proceeding.
"I'd love to work it out," she said. But "the only way I'd back off is if we get paid. ... We really need to get our money."
The Hotel Monaco has scheduled a grand opening for Oct. 1. Representatives for the hotel say it is not a party to either lawsuit and will remain open regardless of their outcomes in court.