- 5.0/5.0 (15 reviews)
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.
Scott was appointed to serve on the Executive Committee of the Alabama State Bar Environmental Law Section.
•2018 Top Attorney for Construction Litigation Litigation by Birmingham Magazine
•Obtained summary judgment for civil engineering firm on all claims asserted by developer and homeowners who alleged professional malpractice and negligence in design of mass grading plans for subdivision.
•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
•“When the Job Isn’t Done: The Surety’s Bond Exposure After Project Completion,” presented and published at the Southern Surety and Fidelity Claims Conference, April 19, 2018 (Clearwater, FL).
•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
News & Insights
•SDF Attorneys Davis, Dickens, & Laird Named “Top Attorneys” in the 2018 April Issue of Birmingham Magazine
•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.
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