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. His areas of focus are construction and environmental litigation, representing owners, operators, general contractors, sureties, architects, engineers, and other design professionals in the defense and prosecution of business and commercial claims.
Highlights
* 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 engineering experts.
* 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.
* Defending client in CERCLA action and prosecuting counterclaims and cross-claims in relation to the Alabama Wood Treating site (Mobile, AL)
* Representing client pertaining 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:
* "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 Syposium - 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
Reported Cases
RaCon, Inc. v. Burk-Kelinpeter, Inc., 952 So. 2d 321 (Ala. 2006).
Town of Gordon v. Great American Ins. Co. v. McDonald Construction Co., 331 F.Supp. 2d 1357 (M.D. Ala. 2004).
Cox Nuclear Medicine v. Gold Cup Coffee Services, Inc., 214 F.R.D 696 (S.D. Ala. 2003).
Molina v. Merritt & Furman Ins. Agency, Inc., 220 F.Supp. 2d 1249 (N.D. Ala. 2002).
Lee L. Saad Constr. Co. v. DPF Architects, P.C., 851 So. 2d 507 (Ala. 2002).
Oechsner v. Ware M. Porter d/b/a Porter Development, 169 F.Supp. 2d 1322 (S.D. Ala. 2001).
Molina v. Merritt & Furman Ins. Agency, Inc., 207 F.3d 1351 (11th Cir. 2000).
Federal Ins. Co. v. Bill Harbert Const. Co., 82 F.Supp. 2d 1331 (S.D. Ala. 1999).
