Richard B. Maltby
Richard B. Maltby
Rich Maltby is a member of the Litigation Practice Group of Carnahan, Evans, Cantwell & Brown, P.C. He concentrates his practice in the areas of construction, architectural, engineering and development law, civil and business litigation, real estate litigation, and alternative dispute resolution.
Mr. Maltby has substantial experience handling all aspects of the construction, design and development process, including bidding, contract negotiation, project management, and claims resolution. His representation has included many major owners, developers, contractors, subcontractors, suppliers, design professionals, and lenders throughout Missouri, the Midwest, and the U.S. Mr. Maltby has also represented clients in a variety of related real estate disputes such as mortgage and mechanic's lien foreclosures, leases, title insurance claims, quiet title, slander of title, and property risk cases such as mold exposure and building accessibility laws.
Mr. Maltby's vast experience in business litigation includes cases involving fraud and fiduciary duty claims, brokerage commissions, U.C.C. warranties, insurance coverage, corporate restructuring issues, stock valuation, trade practices statutes, promissory notes, and personal guaranties. Mr. Maltby is also experienced with the latest electronic discovery rules, which positions him well to counsel clients on records retention and related electronic data issues.
Mr. Maltby has litigated in state and federal courts and argued at the appellate level. But he also has very unique experience in alternative dispute resolution, having successfully served as a lead lawyer in two of the largest arbitrations in the state of Missouri. These cases combined to consume more than 6 years of arbitration, including months of hearings and related judicial proceedings. Mr. Maltby served vital roles in every aspect of these cases.
Mr. Maltby's community involvement includes membership with the Downtown Springfield Association (an organization belonging to Urban Districts Alliance), Springfield Contractors Association, and Greater Ozarks Building Systems Association. He also belongs to the Springfield Metropolitan Bar Association and Missouri Bar (Construction Law Committee). Prior to joining the firm, Mr. Maltby practiced with Sonnenschein Nath & Rosenthal LLP in its St. Louis office.
Sampling of Cases and Projects
- Assisted Living Facility. Owner's claims for defective design and construction of elder care facility.
- Biofuels Plant. Arbitration for biofuels producer against EPC contractor in dispute involving contract balance, defects, scope of work, liquidated damages, delay, lost productivity, attorney's fees and interest regarding design and construction of plant.
- Casinos. Tribal and non-tribal casino claims involving warranties and defects.
- Cultural Project. Mediation and arbitration of art museum's claims against contractor and architect for water intrusion in building.
- Drainage System. Residential developer claims against design team for storm and sewage system code violations.
- Flooring. Defend owner from claims by tenants for defective wood floors in luxury condominium high-rise.
- Homeowners. Trial against concrete contractor for defective and incomplete work regarding homeowner's basement.
- Hospitality and Leisure. Regularly represent hotels and resorts on payment claims, and delay, extra work and defect claims.
- Liens and Surety Claims. Routinely prosecute and defend against contractor, subcontractor, supplier, and design consultant liens and bond claims (ranging from $2000 to $29 million) and provide consultation regarding lien issues across the country.
- Mixed Use. Arbitration of multiple disputes (ranging from $10 million to $25 million) on behalf of mixed-use developers against design-build contractors, general contractors and designers and subcontractors.
- Oil Pipeline. Monitor multi-jurisdictional legislation regarding condemnations, construction contracts, and permitting relating to installation of pipeline across several states.
- Power Plant. Defend utility company against general contractor's Spearin Doctrine claims regarding construction at coal plant.
- Prevailing Wages. Counsel contractors on prevailing wage investigations and related compliance.
- Public Housing. Bid protest for development of public housing project.
- Workers Compensation Premiums. $800,000 retroactive reduction of employer's workers' compensation premiums.
- Saint Louis University School of Law, St. Louis, Missouri
- J.D., Doctorate of Jurisprudence – 2002
- Law Journal: Saint Louis University Law Journal, Editor
- University of Florida College of Law, Gainesville, Florida
- LL.M. – 2015
- Major: Taxation
- Kalamazoo College, Kalamazoo, Michigan
- B.A. – 1999
- Honors: cum laude
- Honors: With Honors
- Major: Economics
- Major: Business
- Board Member, March of Dimes Greater Gainesville Market
- Member, Gainesville Area Chamber of Commerce
- Member, Gainesville Quarterback Club
- Past President, Construction Specifications Institute of Southwest Missouri
- Past Board Member, Junior Achievement Springfield, Missouri Chapter
- Past Board Member, Friends of Abilities First
- Alumnus, National Institute for Trial Advocacy, Building Trial Skills Program
- Participant, Heckerling Institute on Estate Planning
- Herzog Crebs LLP, Associate
- The Indian Child Welfare Act of 1978 and the Missed Opportunity to Apply the Act to Guardianships, St. Louis U. L.J., 213, 2002
- Bar Association of Metropolitan St. Louis
- Missouri Bar Association
- Illinois State Bar Association
Current Employment Position
- Business and Corporate Law
- Commercial Litigation
- Real Estate and Construction
- Estate Planning
- Government and Administrative Law
- Labor & Employment
- Banking and Commercial Finance/Litigation
- Missouri, 2002
- Illinois, 2003
- U.S. District Court Eastern District of Missouri, 2002
- Florida, 2016
- U.S. Tax Court, 2017
- U.S. District Court Middle District of Florida, 2018
- U.S. District Court Western District of Missouri, 2010
- Missouri-Kansas Super Lawyers (construction law)
- Up and Coming Lawyer, Missouri Lawyers’ Weekly
- Forty Under Forty, Springfield Business Journal
- Alumnus, Leadership Springfield Class 29 (Springfield, Missouri)