Thomas W. Hayton

Thomas W. Hayton

Tom litigates and advises on commercial disputes concerning intellectual property, insurance coverage, real estate development, construction, and fair trade. His cases include complex litigation. His construction cases have involved scheduling, multiple deficiencies and major failures (such as warranty breaches on condominium projects).

His real estate cases have included disputes over undisclosed deficiencies. His clients have been both private developers, non-profit corporations, and public entities. His real estate consulting work includes negotiations with building officials over zoning boundaries and major urban redevelopment projects.

His trade practices cases have involved large commercial contracts for the supply of telecommunications, copyright infringement, and trademark infringement.


Tom Hayton practices in all Washington State and Federal District Courts, the Federal Court of Claims, the Ninth and Fourth Circuit Courts of Appeals, and the United States Supreme Court. He is a member of the Washington State and Washington DC Bars and the ABA.


Tom Hayton is a principal with Cutler Nylander & Hayton P.S., Seattle. He previously was a shareholder at Schwabe, Williamson, Ferguson & Burdell (1986-96) and, before that, an Assistant Attorney General (1974-86). Cutler Nylander & Hayton P.S. is a small group of commercial trial and appellate litigators, the members of which came from large firms. It achieves efficiency by associating with affiliated attorneys and specialists on a case by case basis.


Graduate level: LL.M. (government contracts) with highest honors: George Washington University. J.D., Willamette University (law journal editor).

Undergraduate: BA (English Literature and Political Science), University of Washington.


Tom Hayton has published papers in professional journals and trade magazines, including “Recovery for Jointly Caused Delay”, 1991 Wiley Construction law update, and “Copyrights Can Extend to Public Art”, Puget Sound Business Journal, December 1994. He has lectured in CLEs on government contracts, construction bankruptcy, and construction law to contractors. He teaches a regular portion of a construction law class given by the University of Washington School of Architecture, and also has been a guest lecturer on a land use planning and artistic copyright.


Provided upon request


Tom Hayton is the corporate counsel for Allied Arts of Seattle, Inc. and is in Who’s Who, National Registry.