Scott Dickens has been with Starnes Davis Florie since 1996 and is a partner with the firm.
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.
- Workers’ Compensation.
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
- 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.
- 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