|
Current
Employer-Title |
Babcock Scott &
Babcock, P.C. – Shareholder |
|
Profession |
Mediator, Arbitrator
and Attorney |
| Work History |
Shareholder, Babcock
Scott & Babcock, P.C., 1987-present
Shareholder, Nielsen
and Senior P.C., 1973-87 |
| Experience |
Mr. Scott is a
mediator, arbitrator and trial attorney with 42 years' experience,
primarily engaged in the prevention and resolution of construction
project disputes. He has mediated over 400 and arbitrated over 180
construction related disputes. |
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|
| Mediated cases
include: |
|
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- Over 300
disputes involving defective construction between owners and contractors
and between contractors and subcontractors. |
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- 10 cases involving differing site conditions.
Claims include site surveying, grading, water, rock and hazardous waste
matters ($1 million). |
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- Five cases
involving the enforcement of restrictive covenants by home owner
associations. |
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- One case
involving claims by a successor homeowner association against a prior
homeowner's association for fraud, negligence and breach of fiduciary
duty ($750,000). |
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- Differing site condition claim on a water and
sewer project ($1.2 million in dispute) |
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- Numerous
claims between homeowner and contractor involving construction defects,
delay, design defects payment, fraud and misrepresentation issues. |
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- Claim
involving flooding due to improper grading and compaction among a
homeowners association of a PUD, county government, prime contractor and
subcontractors ($500,000 in dispute). |
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|
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- Four claims for soils subsidence (ranging from
$500,000 to $1.4 million). |
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- Three claims
for mechanical equipment and pipe installation. |
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|
| Arbitrated cases
include: |
|
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- Sole arbitrator on a claim involving
infrastructure improvements on a housing development project ($7 million
in dispute). |
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|
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- Panel chair on
a claim involving the construction of a road and waterline regarding
change orders and defective work. |
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- Over 25 claims
arbitrated involving construction defects on residential homes ranging
from $25,000 to $6,000,000. |
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- Panel member involving claims among
several parties for breach of contract, surety bond claims, and fraud in
connection with the construction of a hotel, casino and resort project
(approximately $54 million in dispute). |
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- Panel chair involving dispute between members
of homeowner association regarding breach of restrictive covenants. |
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- Panel chair
involving defective construction, delay and wrongful termination claim
in the construction of a casino (approximately $22 million). |
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- Panel chair
involving defective design on a multi-use project involving condominiums
and retail shopping center ($12 million) |
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- Panel
involving the construction of a resort hotel and casino project
involving defective work, delay and change orders ($11 million). |
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- Panel chair on
a claim involving defective and incomplete construction of a large
commercial warehouse ($2 million). |
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- Sole arbitrator for a claim involving defective
construction claims on a hotel, casino and resort project ($450,000 in
dispute). |
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Professional
Licenses
|
Admitted to the
Bar: Utah, 1973; U.S. District Court, District of Utah, 1973; U.S. Court
of Appeals, Tenth (1977) and Federal (1994) Circuits; U.S. Court of
Federal Claims, 1992; U.S. Supreme Court, 2006. |
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Professional
Associations |
American Bar Association (Dispute Resolution
Section; Forum Committee on the Construction Industry); Utah Bar
Association (Dispute Resolution Section, Founding Member and Past Chair;
Construction Law Section, Founding Member and Past Chair; Litigation
Section, Past Chair); Utah Council on Conflict Resolution (Past Board of
Directors). |
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|
Education |
University of
Utah (BS, magna cum laude-1971); University of Utah College of Law
(JD-1973). |
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Awards and Honors
|
- Fellow: American Bar Foundation, 2015
- U.S. News Best Lawyers, top tier. 2013-15
- Utah Legal Elite (Top 100), 2006-2015
- Intermountain SuperLawyers (Top 100): 2007-2015
- ADR Section - Utah Bar Section of the Year, 2005
- Utah Bar Association: Distinguished Service Award, 2003 |
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|
Publications and
Speaking Engagements |
Authored several
publications and articles including: |
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|
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- “Mediation 101- Help Me Help You.” UTAH STATE
BAR JOURNAL, Vol. 28 No. 2015. |
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|
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-
“Creating and
Economical and Efficient Arbitration Process is Everyone's Business,
"DISPUTE RESOLUTION JOURNAL August/October 2012. |
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- "Questions
Clients Have about Whether (and How) to Mediate and How Counsel Should
Answer Them," DISPUTE RESOLUTION JOURNAL, May/July 2008. |
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- "Arbitration - In Trouble Again?" UTAH STATE
BAR JOURNAL, Vol. 20 No. 4, 2008. |
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- "Maneuvering Through Mediation," UTAH STATE BAR
JOURNAL, September/October 2005. |
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- Utah's Revised Uniform Arbitration Act, A
Makeover for the Face of Arbitration," UTAH STATE BAR JOURNAL, Vol. 16,
No. 9. |
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Speaker at several programs for several
construction industry programs sponsored by, among others, the American
Bar Association, American Arbitration Association, Utah Bar Association,
Association of General Contractors of America, American Builders and
Contractors of America, Lorman Education Services, Inc., and National
Business Institute.
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Testified before various legislative committees
on proposed construction related legislation, the Revised Utah Uniform
Arbitration Act and the Utah Uniform Mediation Act. |
