Scott W. Kowalski
Scott W. Kowalski
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Phone (434) 846-2768
Fax (434) 847-8195
Legal Assistant: Dawn M. Fulcher
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Profile

Scott W. Kowalski has focused his practice on construction law and litigation since 1997, and has attained the Martindale-Hubbell AV-Preeminent Rating. His areas of practice include construction law, surety law and litigation.

After clerking at the United States Court of Federal Claims, Scott practiced for over a decade in the McLean, Virginia office of the construction law firm Watt, Tieder, Hoffar & Fitzgerald, LLP. In 2009, Scott returned to his hometown of Lynchburg with his family and has continued to exclusively practice construction law, representing owners, design professionals, contractors, subcontractors, and suppliers in many facets of construction projects, including drafting and negotiating contracts, bid protests, contract claims, mechanic’s liens and payment bond claims, insurance coverage issues, as well as the mediation, arbitration, and litigation of claims and disputes.

2017 VirginiaCLE Author Badge 75px      2017 VirginiaCLE Faculty Badge 75px     ScottKowlaski SuperLawyersBadge

Experience

Client Matters

  • Represents a project developer in disputes over design and construction defects on a public-private-partnership project under the Department of Defense’s Military Housing Privatization Initiative.
  • Represented general contractor in dispute over default termination of Federal Bureau of Prisons construction contract in month-long bench trial.
  • Represented paving contractor in payment dispute over commercial paving project.
  • Represented general contractor in presenting delay and change order claims for a significant clubhouse renovation.
  • Represents national policy and research institutions in construction-related matters, including contract drafting, project management issues, and claims negotiation.
  • Represents a nationally-recognized university in construction-related matters, including contract drafting and claims negotiation.
  • Represents an international engineering, construction, and maintenance contractor in resolving claims related to construction of large commercial projects.
  • Represents an international manufacturer in procurement and construction-related disputes.
  • Represents a school equipment supplier in procurement and construction-related disputes.
  • Represents a regional roofing and waterproofing contractor in procurement and construction-related disputes.
  • Represents an electrical contractor in payment disputes with project owners.

Reported and Unpublished Cases

  • Morganti Nat’l v. United States, 49 Fed. Ct. 110 (2001)
  • Fid. & Deposit Co. of Md. v. Rotec Indus., 392 F.3d 944 (7th Cir. 2004)
  • Fid. & Deposit Co. of Md. v. Rotec Indus., 2004 U.S. Dist. LEXIS 2075 (N.D. Ill Feb. 9, 2004)
  • Palm Beach Grading, Inc. v. Picerne Constr./FBG, LLC, 2009 U.S. Dist. LEXIS 91690 (S.D. Fla. Sep. 15, 2009)
  • Picerne-Military Hous., LLC v. Am. Int’l Specialty Lines Ins. Co., 2011 U.S. Dist. LEXIS 79180 (D.R.I. Jul. 20, 2011)
  • Picerne Military Hous., LLC v. Am. Int’l Specialty Lines Ins. Co., 2010 U.S. Dist. LEXIS 109406 (D.R.I. Sep. 15, 2010)

Honors & Affiliations

Honors

  • Martindale-Hubble Rating – AV-Preeminent
  • Virginia Super Lawyers – Construction Litigation (2017-2018)
  • Virginia Super Lawyers Rising Star – Construction Litigation (2008 & 2010)

Professional Affiliations

  • Virginia State Bar
  • Virginia State Bar Construction & Public Contracts Law Section – Board of Governors (2011-Present); Treasurer (2017)
  • Virginia Bar Association – Board of Governors (2016-Present)
  • Virginia Bar Association Construction & Public Contracts Law Section – Section Council (2009-2015); Treasurer (2013); Secretary (2014); Section Chair (2015)
  • Lynchburg Bar Association –Member
  • Virginia Legal Aid Society – Pro-Bono Panel Member

Community Affiliations

  • Associated Builders & Contractors (ABC), Virginia Chapter – Board of Directors (2007-Present)
  • Associated General Contractors (AGC) of Virginia

Publications & Presentations

Publications

  • Co-Author, Recent Developments in Construction and Public Contracts Law, 37TH ANNUAL VSB CONSTRUCTION AND PUBLIC CONTRACTS LAW CLE (November 5, 2016)
  • Co-Author, Recent Developments in Construction and Public Contracts Law, 37TH ANNUAL VSB CONSTRUCTION AND PUBLIC CONTRACTS LAW CLE (November 7, 2015)
  • Co-Author, A Project Manager’s Guide: How to Keep Construction Projects From Going Bad — And What To Do When They Do (April 2006 and March 2008)
  • Co-Author, AlA Sample Form Contracts, (October 20, 2006 and September 2005)
  • Co-Author, Practical and Legal Fundamentals of Construction Contracts and Schedules (September 2005)
  • Co-Author, Fundamentals of Construction Contracts in the District of Columbia: Understanding the Issues (December 2004).
  • Co-Author, AlA Contracts In Virginia (November 2004)
  • Federal Circuit Court Upholds Ruling Limiting A Surety’s Right To Assert The Claims Of Its Defaulted Principal, FROM THE GROUND UP (Winter 2003)
  • Ambiguities In Contract Documents, CONSTRUCTION BRIEFINGS (December 2002)
  • The ASBCA and a Takeover Surety’s Assertion of its Defaulted Principal’s Pre-Takeover Claims, FROM THE GROUND UP (Spring 2001)

Presentations

  • Speaker, 37th Annual VSB Construction and Public Contracts Law CLE, “Recent Developments in Construction and Public Contracts Law” (November 5, 2016)
  • Speaker, “Mediation Ethics” (September 15, 2016)
  • Speaker, 36th Annual VSB Construction and Public Contracts Law CLE, “Recent Developments in Construction and Public Contracts Law” (November 7, 2015)
  • Speaker, “Contract Claims, Liens, and Bond Claims” (2010-2104)
  • Speaker, “Construction Law Update” (2012-2014)
  • Speaker, “Handling Construction Disputes Under Standard Form Construction Contracts” (2010-2014)
  • Speaker, AGC-VA, “Protecting Your Company from Getting Burned” (November, 2012)
  • Speaker, USGBC SW Virginia Chapter, “Legal Implications of LEED” (2011)
  • Panel Member, National Association of College and University Attorneys, Annual Conference, “When Green Initiatives Get Slowed in the Mud: Responding to Legal Claims for Sustainability Efforts Gone Awry” (June 2010)
  • Speaker, “Protecting the Work You Have – How to Properly Handle Claims Under Standard Form Construction Documents.”
  • Speaker, “A Project Manager’s Guide: How to Keep Construction Projects From Going Bad — And What To Do When They Do” (April 2006 and March 2008)
  • Speaker, “AlA Sample Form Contracts” (October 20, 2006 and September 2005)
  • Speaker, “Practical and Legal Fundamentals of Construction Contracts and Schedules” (September 2005)
  • Speaker, “Fundamentals of Construction Contracts in the District of Columbia: Understanding the Issues” (December 2004)
  • Speaker, “AlA Contracts In Virginia” (November 2004)
  • Panelist, “Government Contract Compliance in the Time of Enron & Sarbanes-Oxley” (March 2004)
  • Speaker, Federal Publications, “Government Construction Contracting: Contractor and Government Claims and Remedies” (October 1998)

George Mason University School of Law, J.D. (1995)

College of William & Mary, B.A. in History (1992)

Virginia State Bar

District of Columbia

District of Columbia Court of Appeals

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Federal Claims

United States District Court for the District of Columbia

United States District Court for the Eastern District of Virginia

United States District Court for the Western District of Virginia

United States Bankruptcy Court for the Western District of Virginia

Office Hours

Mon - Fri 8:30 am - 5 pm
Sat Closed
Sun Closed

Contact Us

925 Main St., Suite 300 
Lynchburg, VA 24504 

434-846-2768
434-847-0141
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