Scott Cessar's practice covers a broad range of civil litigation with a primary focus on construction law. He has extensive trial and alternative dispute resolution experience representing clients before state and federal courts, arbitration panels and mediators across the country. Scott's construction law practice encompasses both public and private projects (commercial, heavy/highway, industrial, institutional and residential). Projects include hydroelectric plants, steel mills, bridges and highways, hospitals, office buildings, schools, laboratories, greenhouses, dams, pipelines, gas transmission facilities, water plants, sewer plants, mines, airports, glass furnaces, stadiums, hotels, factories and process facilities and environmental remediation sites. Scott has handled all types of construction claims including delay, impact, loss of productivity, differing site condition, defective work, extra cost, architectural and engineering errors and omissions and overcharges, and bid and procurement protests; representing private owners, developers, public agencies, prime contractors, subcontractors, design professionals, equipment manufacturers and suppliers and sureties. Scott also has a significant practice in the design and implementation of all types of construction delivery systems, including design build, EPC, fast track and turn key projects, in the drafting and negotiation of complex construction contracts and in advising regarding bond and lien issues. He has extensive experience with Army Corps of Engineers projects and with the Federal Acquisition Regulations. He has also worked on international construction projects, including those utilizing the FIDIC contract form documents. Scott has been selected for inclusion in The Best Lawyers in America and Pennsylvania Super Lawyers in the area of construction law. His commercial litigation practice is diverse and he has handled numerous complex, multi-faceted cases, including in the areas of commercial banking, franchising, real estate and the metals industry. Scott is also a certified arbitrator with the American Arbitration Association and for the United States District Court for the Western District of Pennsylvania and is often called upon by peers to hear and determine disputes. Representative Matters · Representation of a mobile lithotripter service in a four-day arbitration against an ambulatory care center in a dispute involving a "take or pay" contract resulting in a $1.88 million award to the service; · Representation of major league baseball team, the Florida Marlins, in two four-day arbitrations involving issues of compensation to displaced minor league franchises in south Florida arising out of the taking of their territories; · Successful representation of owner in 17-day arbitration involving multi-million dollar claims, including defective work, overcharge, overpayment and copyright claims, arising out of a design-build contract for the construction of a $22 million project; · Representation of major financial institution in obtaining summary judgment dismissal of all claims against it in a case that subsequently resulted in a $32 million judgment against remaining defendant; · Representation of surety in convincing federal court in West Virginia to predict that state's highest court would allow cause of actions in tort by a surety against a consulting engineer for certifying overpayments to defaulted contractor on a water project bonded by surety; · Represented contractor in successful resolution of $40 million request for equitable adjustment to U.S. Army Corps of Engineers; · Representation of national alarm services provider in obtaining pretrial dismissal of over $100 million in claims arising out of one of the largest fires in Pennsylvania history; · Representation of environmental controls manufacturer in successful defense of injunction request and claim for damages by terminated distributor that sought to establish franchisor-franchisee relationship; · Representation of turbine supplier in design and negotiation of water-to-wire contract package with general contractor and owner for construction of hydroelectric power plant; · Representation of Eastern European interests in the purchase out of bankruptcy of continuous caster, related equipment and 400 acre steel mill site; · Representation of steel mill owner and agent in obtaining successful dismissal of over $6 million in claims arising out of wrongful scrapping of reheat furnaces owned by third party; · Representation of metal alloys producer in successful resolution of multi-million dollar claims arising from sale of allegedly contaminated metal which was subsequently used to make jet engine parts; · Representation of dismantling contractor in two thirty-day arbitrations and one seven-day jury trial against steel producer involving dismantling contracts at various facilities across the country. Professional Affiliations Allegheny County and Pennsylvania Bar Associations - Past Chair of the 170 lawyer Construction Law Section Panel of Arbitrators of the American Arbitration Association Community Involvement Chairperson of the Board of Directors of the Lupus Center of Excellence at the West Penn Allegheny Health Center Pine Township Zoning Hearing Board Member Special Recognition Selected for inclusion in The Best Lawyers in America in the area of construction law Selected for inclusion in Pennsylvania Super Lawyers in the area of construction law Articles/Speeches/Presentations · Frequent writer and speaker on construction contracts, the quantification of damages, claims avoidance and claims prosecution and alternative dispute resolution. He has spoken before various trade groups and associations, presented at numerous continuing legal education and other seminars, and was among 11 speakers nationwide chosen to present for the Alternative Dispute Resolution Leadership Conference. · "Overview of indemnity clauses," Eckert Seamans' Construction Law Update, Fall 2011. · "The Use of Pre-Project Agreements: "The Ties that Bind," or Perhaps Do Not," The Real Estate Finance Journal, Vol, 27, Fall 2011. · "Alternative Dispute Resolution," co-presented at Eckert Seamans' Continuing Legal Education Seminar, August 2011. · "The use of pre-project agreements: "The ties that bind" or perhaps do not" and "The Surety's right to use the defaulted contractor to complete the work under the AIA-A312 Performance Bond," Eckert Seamans' Construction Law Update, Spring 2011. · "Combating material price volatility," Eckert Seamans' Legal Update, Winter 2011. · "Payment Bond pitfalls; The life of a Performance Bond - perhaps longer than you think; The tension between the venue selection provisions of state Prompt Payment Acts and the Federal Arbitration Act," Eckert Seamans' Construction Law Update, Fall 2010. · "Termination for convenience clauses: An inconvenient truth," Breading Ground Magazine, July/August 2010. · "Termination for convenience clauses: An inconvenient truth," Eckert Seamans' Construction Law Update, Spring 2010. · "Comparing key contract terms in American as opposed to European form construction contracts," and "AAA issues revised construction arbitration and mediation rules," Eckert Seamans' Construction Law Update, Fall 2009. · "Cost adjustment clauses in construction contracts," Eckert Seamans' Construction Law Update, Spring 2009. · "Design specifications, performance specifications and the significance of the "approved equal"" Eckert Seamans' Construction Law Update, Fall 2008. · "Construction Bonds: Common mistakes and misconceptions," Eckert Seamans' Construction Law Update, Winter 2008. · "Avoiding Disputes Over Price Fluctuations," Legal Intelligencer, co-authored with Matthew J. Whipple, August 2009. · "A Saner Approach to Price Fluctuations," Breaking Ground Magazine, January 2009. · "Practice Pointers on Construction Bonds," Construction Law Magazine, co-authored with Jake McCrea, August 2008. · "Design and Performance Specifications and the 'Approved Equal'," Construction Executive Magazine, July 2008. · "A Primer on Alternative Dispute Resolution," GC Mid Atlantic, July 2007. · "A Primer on the Basics of Construction Law," Chapter from Legal Strategies for the Construction Industry published by Aspatore Books, 2006 (Also at Charleston, West Virginia Office) |