Scott P. Pence

Scott Pence is a construction and real estate attorney whose practice focuses primarily on representing developers, owners, architects, contractors, and subcontractors in the preparation, negotiation, modification and administration of all types of contracts and forms related to construction and development transactions.  Mr. Pence’s practice also includes reviewing and advising clients with respect to insurance and risk management issues.  Mr. Pence has been involved in many large, complex projects both in the State of Florida and across the country, including major stadiums, arenas, ballparks, airports, energy facilities, pipelines, hospitals, education facilities, hotels, casinos and first-responder training facilities.  The types of contracts and forms with which he has extensive experience include development agreements, construction contracts, design agreements, consulting services agreements, design-build agreements, engineer/procure/construct (EPC) contracts, purchase and sale agreements, construction management (both at-risk and not-at-risk) agreements, integrated project development agreements, requests for proposals, instructions to bidders, invitations to bid, and all of the various ancillary contract administration and project management forms such as change orders, waivers and releases of lien, payment affidavits, payment applications, claims of lien, performance and payment bonds.

Mr. Pence is very active in the Florida Bar.  He is currently a co-vice chair of the Construction Law Committee (CLC) of the Real Property Probate & Trust Law (RPPTL) Section of the Florida Bar, chair of the CLC’s Governmental Affairs subcommittee and a member of the CLC’s Green Building subcommittee.  He is also a member of the RPPTL Section’s Real Property and Liability Insurance & Surety Committee (RPLISC), acting as the secretary and editor-in-chief of “Insurance Matters!,” a newsletter distributed by the RPLISC.  Mr. Pence is also the current Managing Editor of “ActionLine,” a publication that is distributed to approximately 10,000 attorneys within the RPPTL Section.

Mr. Pence speaks and presents frequently on various matters related to construction contracting and insurance/risk management issues.  Topics include: insurance and risk management; specific standardized forms such as the various AIA, ConsensusDOCS and EJCDC forms; types of delivery systems such as design-bid-build, design/build, and construction management; and significant risk shifting contract provisions such as indemnification obligations, insurance requirements, liquidated damages, consequential damages, delays (no-damage for delay and force majeure provisions), warranties, hazardous materials, changed/concealed conditions, termination, and ownership of documents.