J. Scott Dickens

J. Scott Dickens: Attorney with Starnes Davis Florie LLP

Biography

Scott Dickens has been with Starnes Davis Florie since 1996 and is a partner with the firm.

Scott’s practice is devoted to civil litigation. He focuses on:

•Construction litigation, representing sureties, general contractors, subcontractors, architects, engineers, and other design professionals in the defense and prosecution of business and commercial claims.
•Defending engineers, land surveyors and architects against claims by the Alabama Board for Licensure of Professional Engineers and Land Surveyors and the Alabama Board of Architects.
•Defending personal injury claims resulting from highway and premises accidents.
•Workers’ Compensation.

Scott was appointed to serve on the Executive Committee of the Alabama State Bar Environmental Law Section.

Highlights

•Successfully defended Engineer in Training against allegations of practicing engineering without a license before the Alabama State Board of Licensure for Professional Engineers and Land Surveyors.
•Prosecuted general contractor’s claim against builder’s risk insurer, which denied claim based upon alleged design-build defects.
•Obtained Rule 12(b) dismissal of all claims against professional engineer accused of negligent inspection of property damage.
•Successfully defended mechanical, electrical, and plumbing professional engineer accused of defects and deficiencies in design of university buildings.
•Successfully prosecuted claims of general contractor against school board for unpaid contract funds and change orders before Alabama Building Commission.
•Obtained summary judgment on the merits in favor of a civil engineer in a case where third party plaintiffs alleged negligence in the preparation of construction drawings and supported their claims with testimony of two adverse engineering experts.
•Negotiated closeout for surety on three contracts with the Alabama Department of Transportation (ALDOT) after principal contractor defaulted and recovered remaining contract fund for surety.
•Successfully defended an out-of-state engineer against claims by the Alabama Board for Licensure of Professional Engineers and Land Surveyors and negotiated a resolution whereby the engineer was able to maintain his Alabama license.
•Successfully defended claims, including bad faith, against a commercial crime policy insurer.
•Obtained a dismissal with prejudice of a bad faith claim asserted against a performance bond surety in the Circuit Court of Jefferson County, Bessemer Division.
•Defended client in CERCLA action and prosecuted cross-claims in relation to the Alabama Wood Treating site (Mobile, AL)
•Represented client in to administrative action by ADEM and dispute with adjacent industry over who contaminated property.
•Obtained favorable result for engineer in claim resulting from wetland delineation.
•Successfully defended architect in disciplinary proceeding before Alabama Board for Registration of Architects.
•Successfully defended and obtained summary judgment for an engineer accused of professional malpractice in the design of site civil engineering plans.
•Successfully obtained a dismissal with prejudice of bad faith claim asserted against a performance bond.
•Successfully defended and obtained dismissal of all claims against residential developer.
•Obtained a judgment of $1.6 million on behalf of a surety against a principal and individual indemnitors.

Presentations and Publications

Southern Surety Subrogation Rights vs. Right to Reimbursement Under the General Agreement of Indemnity, Southern Surety Title, April, 10, 2014
Southern Surety Design Professional Liability to the Surety: An Update, Southern Surety Design Professionals, April 20, 2013
Considerations for Green Building & Sustainable Development, presented at Construction Law Seminar for Architects, Professional Engineers and Contractors in Birmingham, AL , July 18, 2013
•“Land Surveying for the Non-Surveyor,” National Business Institute Seminar, Boundary Disputes: Resolving Client Conflicts, Birmingham, Alabama, November 8, 2012
•“2011 Fidelity Update,” 22nd Annual Southern Surety & Fidelity Claims Conference , April 2011
•“Green Building / Sustainable Development,” Alabama State Bar Symposium - Environmental Law Section, 2010
•“What Lawyers and Design Professionals Need to Know,” Sandestin Beach Resort, June 18, 2010

Areas of Practice (9)

  • Architect Disciplinary Actions
  • Architect, Engineer, and Design Professional Malpractice
  • Construction Litigation
  • Fidelity & Surety Litigation
  • Product Liability
  • Professional Engineer, Land Surveyor, and Architect Disciplinary Actions
  • Toxic Torts
  • Workers' Compensation
  • Wrongful Death / Catastrophic Injury

Education & Credentials

Contact Information:
205-868-6003  Phone
205-868-6099  Fax
www.starneslaw.com
Mailing Address:
P.O. Box 598512, Birmingham, AL 35209
University Attended:
Auburn University, B.S., 1992
Law School Attended:
Cumberland School of Law, J.D., 1996
Year of First admission:
1996
Admission:
1996, Alabama; 1997, U.S. Court of Appeals 11th Circuit; 1997, U.S. Court of Federal Claims; U.S. District Court for the Middle District of Alabama; U.S. District Court for the Northern District of Alabama; U.S. District Court for the Southern District of Alabama
Memberships:

Community Involvement

•Scott served on the Board of Directors of Camp Smile-a-Mile, a statewide organization that benefits childhood cancer victims.
•He has been involved in leadership roles related to youth sports and other community involvement.

Birth Information:
Tuscaloosa, Alabama, June 21, 1968
ISLN:
912026969

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