D. Scott Gurney
Scott is a construction attorney, mediator and arbitrator who represents and advises project owners, general contractors, trade/specialty contractors and other construction-industry clients on risk management, contract drafting and negotiation, mechanic’s liens and payment matters, schedule delay and disruption claims, defect claims, and mediation, arbitration, and litigation of construction disputes. Scott’s experience includes:
- Lead trial attorney for a steel fabricator and erector in a 15-day jury trial on claims against construction manager/general contractor, design-builder, and project owner for unpaid extra scope work due to design changes. Jury verdict for full prayer resulted in $1.1 million judgment affirmed by Kentucky Supreme Court. Superior Steel, Inc. v. Ascent at Roebling’s Bridge, LLC, 2017 Ky. LEXIS 511 (December 14, 2017).
- Lead arbitration attorney defending national construction manager/general contractor in a nine-day arbitration hearing in Nashville, Tennessee on $3.5 million claim by drywall subcontractor on a large federal construction project. Arbitration panel awarded the amount suggested by our client’s expert witness, which was several hundred thousand dollars less than the amount previously rejected by the claimant subcontractor and less than one-sixth of the amount demanded. FBT handled this matter on an alternative (guaranteed maximum) fee arrangement.
- Lead trial attorney for a paving contractor in federal court dispute with a regional airport authority and engineering firm relating to design and construction of a new runway in Bentonville, Arkansas. Plaintiff contractor client sought project acceptance and close-out, payment of $4 million contract balance and retainage, and compensation for delays and extra-scope work. Defendant airport authority counterclaimed claiming defective work and other damages. Case resolved in 3-day mediation before any depositions, with contractor client receiving project acceptance, full contract and retainage balance, and substantial recovery on delay and scope claims.
- Regularly represents and advises Engineering News-Record-ranked glass and glazing contractor on multi-million dollar curtainwall contracts with national CM/GC firms for hi-rise office, condominium and hospital projects.
Scott also serves as a facilitator, mediator, early neutral evaluator and arbitrator in construction disputes. He has received mediator training from Pepperdine University’s Straus Institute for Dispute Resolution, the #1 dispute resolution program as rated by U.S. News & World Report and is a member of CPR International Institute for Conflict Prevention & Resolution. Scott is on the National Roster of the American Arbitration Association’s (AAA) Construction Industry arbitrators.
Scott has been recognized as a leading construction attorney by peer review groups including Chambers USA Client Guide® and The Best Lawyers in America® and has an AV® Rating (“Preeminent–Peer Rated for Highest Level of Professional Excellence”) by Martindale-Hubbell®. In 2018, Scott was named Litigation – Construction “Lawyer of the Year” in Southwest Ohio by The Best Lawyers in America®. Scott is a member of the American Bar Association’s Forum on the Construction Industry. In 2017, Scott was selected as a founding Fellow of the Construction Lawyers Society of America, an invitation-only international honorary association composed of preeminent lawyers specializing in construction law and related fields.
Scott is a member of the Board of Directors of Associated General Contractors (AGC) of Ohio – Cincinnati Division and is a past member of the Board of Directors of Allied Construction Industries (ACI). He is a member of the Board of Directors of the Spirit of Construction Foundation and co-chaired its 2015 Gala.
Scott is a frequent presenter at national and regional construction conferences, including International Risk Management Institute (IRMI) Construction Risk Conference, Associated General Contractors of America (AGC) Conference on Surety Bonding and Construction Risk Management, Construction Financial Management Association (CFMA), Allied Construction Industries (ACI), and Ohio Contractors Association (OCA).
Highlights & Recognitions
- Chambers USA, Construction, 2008-2018
- Ohio Super Lawyers®, 2004-2014
- The Best Lawyers in America® 2005-2019
- The Best Lawyers in America® Litigation - Construction Lawyer of the Year, 2018
- Legal 500
- AV® Rated, Martindale-Hubbell®
- AAA National Roster of Construction Industry arbitrators
Memberships & Affiliations
- Ohio State Bar Association
- American Bar Association, Forum on the Construction Industry; Committee on Construction Litigation
- Cincinnati Bar Association
- Allied Construction Industries (AGC-Cincinnati), Board of Directors, 2008-2009; Education Committee, 1998-2004; Membership Committee, 2004-2009
- Associated General Contractors of Ohio, Legislative Committee
- Ohio Contractors Association
- When (and How) Should a Mediator Evaluate the Case?
- Subcontractors Collect $1.1 Million From Project Owner on Disputed Change Order in Key Kentucky Supreme Court Case
- U.S. EPA Issues Proposed Rule To Clarify Stormwater Requirements
- New Ohio Transportation Bill Allows Public-Private Partnerships And Expands Design-Build Procurement
- New U.S. EPA Stormwater Rules and Initiatives Will Significantly Impact the Construction and Development Sector
- ConsensusDOCS Promotes Balanced Subcontract Form
- Alternative Dispute Resolution Techniques Resolving Disputes Without “Going to War”
- Help in Getting Paid – Ohio’s Mechanics’ Lien Law
- Ohio’s Design-Build and Seal Law
- Ohio’s Fairness in Construction Contracting Act
- Thinking About Terminating a Subcontractor? – Here are a few Things to Consider
- 163 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2019
- Frost Brown Todd Attorneys Recognized in 2018 Chambers USA®
- 161 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2018
- Frost Brown Todd Attorneys Recognized in 2017 Chambers USA®
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- Frost Brown Todd Attorneys Recognized in 2016 Chambers USA®
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 65 Frost Brown Todd Attorneys Recognized in 2015 Chambers USA®
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2015
- 63 Frost Brown Todd Attorneys Recognized in 2014 Chambers USA®
- 42 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers®
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 67 Frost Brown Todd Attorneys Recognized in 2013 Chambers USA®
- Nine Frost Brown Todd Attorneys Recognized as Leading Lawyers in Cincinnati
- 43 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 17 Recognized by Ohio Rising Stars® for 2013
Non-FBT Publications and Events
Offsite Construction (2018 IRMI Construction Risk Conference - Indianapolis, IN)
Design-Assist Subcontracting (2016 AGC Surety Bonding and Construction Risk Management Conference – Naples, FL)
Alternative Project Delivery (2015 CFMA Buckeye Conference – Cincinnati, OH)
Modular Construction (2015 AGC Surety Bonding and Construction Risk Management Conference – Naples, FL)
Alternative Project Delivery (2014 IRMI Construction Risk Conference – Nashville, TN)
Modular Construction (2013 AGC-Ohio Conference – Key Largo, FL)
World Risk and Insurance News, Interview, IRMI Construction Risk Conference, December 2013
Public-Private Partnerships - The Nuts and Bolts, Ohio Contractor's Association, Columbus, December 3, 2012
"Ten Ways to Minimize Risk and Avoid Disputes"
How to Deal with a Problem Project - A Case Study
Designing a Successful Project and Claims Documentation Program
Killer Contract Issues for GCs and Subcontractors
Design-Build Contracting and Subcontracting
How to Deal with Mold and Mold Claims