May 29, 2009

• Related Attorney(s):
• Owen Joseph Curley, 
• Jason E. Fetterman, 
• M. David Stallings

• Practice Area(s):
• Construction Law

A Niles Barton trial team, headed by Owen J. Curley and including Jason E. Fetterman and M. David Stallings, successfully defended its client, DASC, a Prince George's County developer, from a claim of $20 million arising from a purchase option contract between the parties. In this case, Pulte Homes, Inc. asserted that DASC breached its contractual duties by failing to achieve certain parameters within the contract, specifically the proper ration mix of housing products and achieving approval of zoning approvals. In order to defend its client, the Niles Barton trial team was required to learn the complexities of zoning, the complexities presented by the parties' dealings with respect to development financing and to apply this knowledge in a way that was most favorable to the client. Recognizing the need to have certain key legal questions answered, the Niles Barton trial team filed a series of strategic motions, including a Motion for Specific Question, which resulted in a series of "mini-trials," whose result was favorable to DASC. After this series of evidentiary trials, the Niles Barton trial team prevailed in sufficiently shaping the issues to enable the Court to dismiss Pulte Homes' Complaint and enter judgment in favor of DASC on its Counterclaim. While Pulte Homes has appealed the decision of the Circuit Court, Niles Barton is confident that DASC will continue to prevail.