Scott J. Smith
PRACTICE GROUP
AT WORK
Scott J. Smith, an accomplished attorney and litigator with significant engineering experience, focuses his practice on construction law, with particular emphasis on design and construction-defect disputes and mechanics liens.
Scott regularly represents individuals, publicly traded corporations and privately held businesses in real estate and construction-related litigation involving breach of contract, personal injury and wrongful death, condominium disputes, lien and foreclosure proceedings, delay claims, indemnification, construction errors, actions for specific performance, public and private mechanics liens, surety performance, and a broad range of commercial, premises and products liability. He also represents clients in commercial disputes such as business tort, intellectual property infringement, breach of fiduciary duty, fraud, and consumer and deceptive practices. In addition to his trial experience, Scott represents clients in arbitration, mediation and other forms of alternative dispute resolution.
Recent successes include obtaining a favorable jury verdict against a general contractor for improper performance of contract obligations and damage caused to surrounding property; securing dismissal of all claims against a developer for defective design and construction of a large residential development; obtaining the out-of-court resolution of numerous engineering defect issues that had delayed the construction of an 8,000-seat worship center; and resolution of numerous disputes involving public works, condominium and commercial real estate projects.
Before he began his legal career, Scott was a practicing structural engineer at what is now one of the world’s largest engineering firms, where his responsibilities included design project management, construction budget estimates, preparation of scope-of-work and other work plans, and design and construction inspection. His many high-profile projects in the Chicago area include the Deep Tunnel Project, the Dan Ryan Expressway Reconstruction, and the award-winning design and construction of the State & Van Buren Elevated Transit Station. Scott’s transactional work at the engineering firm included assembling and drafting prime contracts and sub-consultant agreements, review of construction litigation and client relations.
IN THE PROFESSION
Scott is a member of the American Bar Association and its Forum on the Construction Industry, for which he serves as a member of the Steering Committee of Division 3 (concentrating on the design process of construction projects). He also served on the Associate Board for the NorthShore University HealthSystem Foundation, and is a member of the Chicago Bar Association and Immediate Past Chair of the CBA's Construction Law & Mechanics Lien Subcommittee.
Scott is a regular contributor to legal and professional journals, books and other publications on issues such as construction contracts, licensing, subcontractor agreements and architects’ certificates. He also speaks frequently before legal and industry groups on a broad range of construction law topics.
BACKGROUND
Chicago-Kent College of Law
J.D., 1996
University of Michigan
B.S., 1990
Scott is admitted to practice in Illinois and before the U.S. District Court for the Northern District of Illinois and the Southern District of Illinois.