Contributors

Baltimore, Md. - Womble Carlyle litigator David Hamilton earned a considerable win for firm client Dustin Construction, Inc. this month. Following the completion of construction of the Student Union at George Mason University, one of Dustin’s subcontractors submitted change order claims totaling in excess of $500,000 for owner-initiated delays and design changes. The owner denied these claims, and the subcontractor subsequently sued Dustin for the outstanding bill. A Womble Carlyle team led by Hamilton, with legal research and motion and brief drafting support from Harrison Trammell and Kara Boyle, successfully argued for summary judgment in Maryland circuit court based on Dustin’s subcontract provisions which required payment from the owner to Dustin as a condition precedent for payment from Dustin to its subcontractor for such claims.

Following a de novo review, the Maryland Court of Special Appeals affirmed the grant of summary judgment, finding that the subcontract had valid “pay-when-paid” provisions, effectively shifting the credit risk of owner non-payment from Dustin to its subcontractor, and therefore Dustin did not owe any amount to its subcontractor that it had not received from the owner.

David Hamilton is the Managing Partner of the Baltimore office. David practices in our Antitrust and Business Litigation Practice Groups, with experience in antitrust, class action, trade secrets, RICO, mergers and acquisitions, shareholder and partnerships disputes, franchise and other business competition claims.