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General Information:
Shareholder & Vice President, since January 1, 1990
As an AV rated (highest Martindale Hubbell rating) trial attorney with over 38 years of experience, Mr. Scott has primarily been involved in the prevention and resolution of construction project disputes. He represents surety bond companies, general contractors, owners, design professionals, subcontractors, suppliers and various trade associations. Disputes handled over the years have involved interpretation of plans and specifications, bidding practices, construction and design defect claims, scheduling, safety, performance and payment bond claims, indemnity claims, mechanic's lien claims, differing site conditions, change orders, warranties, termination, delay, disruption, acceleration, suspension, insurance coverage, termination, acceleration, suspension, payment, and all other construction project related claims.
Mr. Scott has tried 72 cases (12 by jury); mediated 225 disputes; and arbitrated 175 disputes (20 Large Complex Case matters ranging from $1,000,000 - $54,000,000). Matters include: public works, industrial, mining, retail, shopping centers, hotels, casinos, commercial buildings, highway, utility, infrastructure and offsite improvements, warehouses, custom high rise condominiums, dams, recreational developments, public unit development, custom homes and residential developments, defective design and construction, structural steel, roof systems, concrete, asphalt and base materials, offsite utilities, rock and masonry, soils, restrictive covenants, hazardous waste clean-up, claims involving home owner associations against contractors and prior associations.
Areas of Practice:
75% Construction/Surety Law
25% Mediation & Arbitration (Commercial and Construction)
Admissions:
Utah, 1973
U.S. Supreme Court, 2006
U.S. Court of Appeals Federal Circuit, 1994
U.S. Court of Federal Claims, 1992
U.S. Court of Appeals 10th Circuit, 1977
Education:
University of Utah College of Law, Salt Lake City, Utah, June, 1973
Juris Doctorate
University of Utah, 1971 (magna cum laude)
Honors and Awards:
Named to Utah's Legal Elite - Construction Law: 2006 and each year thereafter including 2011
Named to Super Lawyers - Construction Law: 2007 and each year thereafter including 2011
Utah Bar Association Distinguished Service Award, July 12, 2003 - Present
Utah Bar Association Section of the Year - Dispute Resolution Section, July 12, 2005 - Present
Published Works:
Questions Clients Have about Whether (and How) to Mediate and How Counsel Should Answer Them, Dispute Resolution Journal, May/July 2008
Arbitration - In Trouble Again, Utah Bar Journal, July/August Vol 20 No. 4, 2007
Maneuvering Through Mediation, Utah Bar Journal, September/October Vol. 18 No. 5, 2005
Preparing the Client For Mediation, Utah Council on Conflict Resolution, Vol. 17, 2006
The Construction Attorneys Tool Box, Utah Bar Journal, November/ December Vol. 17 No. 9, 2004
Utah's Revised Uniform Arbitration Act, Utah Bar Journal, November/December Vol 16 No., 9, 2003
Professional Associations and Memberships:
Utah Bar Association
American Bar Association
American Arbitration Association
American Bar Association, Forum on the Construction Industry
Member
American Bar Association, Fidelity and SuretyCommittee of Torts and Insurance Practice Section
Member
American Bar Association - Litigation Section
Member
American Bar Association, Dispute Resolution Section
Member
Utah Bar Association, Construction Law Section
Founding Member and First Section Chair (1981-1983)
Utah Bar Association, Litigation Section
Past Chair (1998)
Dispute Resolution Section
Founding Member and Past Chair (2000)
Utah Bar Association, Delivery of Legal Services Committee
Past Chair (1980)
Utah Council on Conflict Resolution
Board of Trustees (2000-2008)
Mediation Experience:
Conducted over 350 mediations. Projects mediated include public works, industrial, mining, retail, shopping centers, hotels and casinos, commercial buildings, highway, utility, infrastructure and offsite improvements, warehouses, custom high rise condominiums, homeowner associations, environmental, recreational developments, real estate disputes, public unit development, custom homes, and residential developments.
Representative cases include:
Over two hundred cases involving defective construction and design of construction projects ($75,000 - $54,000,000)
Two cases involving the enforcement of restrictive covenants and hazardous waste clean-up of residential projects
Ten cases involving differing site conditions. Claims include site grading, water, rock and hazardous waste matters ($1million)
Four cases involving the enforcement of restrictive covenants by home owner associations of a PUD and condominium developments ($500,00)
One case involving claims by a successor homeowner association against a prior homeowner's association for fraud, negligence and breach of fiduciary duty ($750,000)
Five cases involving claims between managing partners in LLC operations and family businesses $100,000 - $1 million)
One case involving patent and trademark infringement
Arbitration Experience:
Conducted over 175 arbitrations . Representative cases include:
Over 100 arbitrations for defective design and construction on custom homes construction projects ($75,000 - $4,000,000)
Over 50 arbitrations for defective design and construction on commercial and industrial projects ($75,000 - $54,000.000)
LCC panel chair for breach of contract and monetary exchange claims involving an international mining operation in South America ($20 million)
LCC panel involving claims among several parties for breach of contract, surety bond claims, and fraud in connection with the construction of a hotel, casino and resort project (approximately $54 million)
Panel chair involving dispute between members of homeowner association regarding breach of restrictive covenants (over $1million)
LCC panel chair involving defective construction, delay and wrongful termination claim in the construction of a casino (approximately $22 million)
LCC panel chair involving defective design on a multi-use project involving condominiums and retail shopping center ($12 million)
LCC panel involving the construction of a resort hotel and casino project involving defective work, delay and change orders ($11 million)
Sole arbitrator on a claim involving infrastructure improvements on a housing development project ($7 million)
Arbitrator of claim involving claims between members of a limited liability company engaged in the retail business regarding accounting, fraud, non-competition and expulsion of members ($750,000)
LCC panel chair on a claim involving the construction of a road and waterline regarding change orders and defective work ($650,000)
LCC panel chair on a claim involving defective and incomplete construction of a large commercial warehouse ($2 million)
Sole arbitrator for a claim involving defective construction claims on a hotel, casino and resort project ($450,000)
LCC panel chair on a claim involving defect construction to a commercial office and warehouse building (approximately $1.5 million)
Sole arbitrator for a claim involving the performance of a computer licensing agreement (approximately $800,000)
LCC, Commercial/Construction and Fast Track Panels several claims involving custom homes ($75,000)
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