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.

Practice

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. Scott also defends 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. Scott routinely assists sureties with the completion and closeout of bonded contracts with the Alabama Department of Transportation (ALDOT).

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.

Honors and Awards

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

Speeches and Publications

Scott is a frequent speaker on environmental and construction litigation issues including:

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

Update on Certain Major Environmental Laws, National Business Institute, Environmental Law from A to Z, July 30, 2009

Fidelity Law Workshop- Case Study of Issues Arising from Commercial Crime Policies, Southern Surety and Fidelity Seminar, Clearwater, Florida, April 30 - May 31, 2009

Overview of Payment, Performance, and Bid Bonds; Licensing Requirements for General Contractors and Limitations on Bidding; Qualification Requirements and Effect of Alabama's Door Closing Statute; Commercial General Liability Insurance and Builders Risk Insurance, Construction Law: From A to Z Seminar, October 28, 2008

Engineering Ethics and Defending Ethic Charges Before the Alabama Board for Licensure of Professional Engineers and Land Surveyors (Metal Building Engineers Seminar sponsored by Prabhu Engineering, February 21, 2008)

Design-Build vs. Traditional Construction: Risk and Benefit Analysis, Construction Law Seminar for Alabama Architects and Engineers, March 30, 2007

An Introduction to the Wonderful World of Performance and Payment Bonds, Construction Law Seminar for Alabama Architects and Engineers, March 30, 2007

Construction Law From A to Z: Insurance & Indemnification for Construction Projects, Sterling Education Services, Inc., November 15, 2006

Performance Bond Manual of the 50 States, District of Columbia, Puerto Rico, and Federal Jurisdictions (Alabama Section), The American Bar Association Tort Trial & Insurance Practice Fidelity and Surety Law Committee

Payment Bond Manual, Third Edition (Alabama Section), The American Bar Association Tort Trial & Insurance Practice Fidelity and Surety Law Committee

Related News

5/1/2015 Environmental & Toxic Tort Law Bulletin - Spring 2015

12/18/2014 Workers' Compensation Bulletin - 2014 Case Law Update

12/5/2014 Environmental & Toxic Tort Law Bulletin - December 2014

10/16/2014 Environmental & Toxic Tort Law Bulletin - September 2014

7/11/2014 Environmental & Toxic Tort Law Bulletin - June 2014

3/28/2014 Environmental & Toxic Tort Law Bulletin - March 2014

12/29/2013 Starnes Davis Florie's Environmental Law Bulletin (December 2013)

9/30/2013 Starnes Davis Florie's Environmental Law Bulletin (September 2013)

6/3/2013 Starnes Davis Florie's Environmental Law Bulletin (June 2013)

3/2/2013 Starnes Davis Florie's Environmental Law Bulletin (March 2013)

1/5/2013 Starnes Davis Florie's Environmental Law Bulletin (December 2012)

Areas of Practice (8)

  • Construction Litigation
  • Environmental Litigation
  • Environmental Regulation
  • Fidelity & Surety Litigation
  • Product Liability & Consumer Litigation
  • Professional Liability
  • Professional Licensing Defense
  • Toxic Torts

Education & Credentials

Contact Information:
205-868-6003  Phone
205-868-6099  Fax
www.starneslaw.com
Mailing Address:
P.O. Box 598512, Birmingham, AL 35259-8512
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 serves on the Board of Directors of Camp Smile-a-Mile, a statewide organization that benefits childhood cancer victims. He is also involved in coaching and leadership roles related to youth sports.

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

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