Restaurant Sues BWI Concessions Manager Over $10M Renovation Demand
Silver Diner officials filed a lawsuit Tuesday against BWI Marshall Airport’s concessions manager, Fraport, alleging that the company breached a 2022 agreement by requiring the restaurant to undertake as much as $10 million in renovations to remain at the airport, according to the diner’s ownership.
Silver Diner Chairman and founder Robert Giaimo said the lawsuit, which also alleges fraudulent misrepresentation, was filed in Anne Arundel County Circuit Court. The complaint was not yet available in Maryland’s online case search Tuesday afternoon, and Fraport, a German-based company, did not immediately respond to requests for comment.
Fraport entered the 2022 agreement with Silver Diner while preparing its bid to become BWI’s concessions manager, according to Giaimo. Fraport ultimately won that contract in 2025, giving the company the right to redevelop, renovate, lease and manage BWI’s retail, restaurant and commercial services under an agreement with the Maryland Aviation Administration.
Under the 2022 agreement, Silver Diner says it was promised a 10-year sublease at its existing BWI location. In return, the restaurant supported Fraport’s bid and provided plans for a renovation known as “Silver Diner 2.0.”
In its complaint, Silver Diner alleges that Fraport violated the agreement by refusing to prepare and execute a new lease after taking over as BWI’s concessions manager. Giaimo said Fraport instead demanded that Silver Diner gut and completely rebuild its facility as a condition of remaining at the airport.
Silver Diner’s original 2.0 plans called for roughly $1.5 million to $4 million in improvements, according to Giaimo. The plans included new furniture, fixtures, tile, a storefront and bar. Giaimo said Fraport’s demand for a full gut renovation would increase the cost to roughly $8 million to $10 million.
The complaint alleges that making the gut renovation a condition of the lease renewal has inflicted “immediate and irreparable” harm to Silver Diner and jeopardized its future operations.
“If we have to rebuild the entire restaurant, we have to close for at least a year,” said Silver Diner’s director of airport development, Kyle Rudich. “If we are there, we can do the rebuild in sections. We can keep our people employed.”
Giaimo said a one-year closure would result in 120 layoffs, which he said could be avoided if Silver Diner’s original 2.0 renovation plan moves forward.
The dispute is also derived from whether Fraport was authorized to impose the full renovation requirement. Giaimo said Fraport told Silver Diner that the requirement came from its contract with the Maryland Aviation Administration, the governing body of BWI.
However, during an April meeting with MAA officials, Giaimo said Silver Diner officials were told the requirement was not included in Fraport’s contract with MAA. A 2023 draft of the MAA’s lease and concession agreement for BWI also does not list a gutting requirement. When reached Tuesday, MAA officials declined to comment on the lawsuit.
Although Fraport’s position as concessions manager puts the company in charge of leasing at BWI, MAA is ultimately who approves each lease, according to Giaimo.
Aside from winning the lawsuit, Giaimo said Silver Diner can stay at BWI if the MAA makes the decision to protect the “original vision of the BWI airport” and vouches for Silver Diner to stay.
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Silver Diner’s lawsuit asks the court to require Fraport to honor the 2022 agreement, including the 10-year sublease for its current BWI location.
The Silver Diner BWI location opened in 2007 at the top of Concourse B, which is also connected to concourses A and C, as one of the founding partners of the Southwest terminal, Rudich said.
Silver Diner is the only Maryland-based, independently owned and operated restaurant in the Southwest terminal, according to Rudich.
Giaimo said Silver Diner’s independent ownership is part of what distinguishes the restaurant from other airport concessions. He said the company tries to maintain prices similar to its locations outside the airport while offering the same quality and service.
Silver Diner’s complaint also alleges that Fraport disseminated a false report that the restaurant would close at BWI in October 2027.
Rudich said Silver Diner officials had worked with Fraport to keep information about the restaurant’s uncertain future at BWI from spreading while the two sides worked through the dispute.
About three weeks ago, Rudich began hearing a rumor from employees that the BWI location was closing. The rumor eventually included a specific closing date of October 2027, which, Rudich said corresponds with Fraport’s timeline for finding and approving a new tenant.
Giaimo said Silver Diner officials intend to do everything in their power to remain at BWI.
“They’re going to have to drag us out,” Giaimo said. “We have our employees to protect. If they bring in the wrecking ball, we’re going to be standing in front of it.”
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