Scott P. Pence

Scott Pence is a construction and real estate attorney whose practice focuses primarily on representing developers, owners, contractors, subcontractors, and design professionals in the preparation, negotiation, modification, and administration of all types of contracts and forms related to construction and development transactions. Scott's practice also includes reviewing and advising clients with respect to insurance and risk management issues.

Scott has been involved in many large, complex projects both in the state of Florida and across the country, including public-private partnerships (P3s), 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; engineering, procurement, and construction (EPC) contracts; purchase and sale agreements; construction management agreements, both at-risk and not-at-risk; 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, and performance and payment bonds.

Scott is board certified by the Florida Bar in construction law.

Experience

Energy Facilities

Pipeline development and expansion projects in Florida. 

Photovoltaic system installation and service agreements, as well as purchase and sale agreements with respect to various power substations and transmission lines.

Engineering, procurement, and construction contracts for power plants.

Stadiums, Ballparks, and Arenas

Arizona Cardinals

Florida Marlins

New York Giants

New York Jets

New York Mets

Tampa Ice Palace Arena (now Benchmark International Arena)

Washington Nationals

Schools

Orange County Public Schools’ Capital Expansion Program

School projects for independent school districts in Texas

University of California, various campuses

University of Florida

University of New Mexico

University of South Florida

University of Texas, various campuses

Yale University

Airports and Transportation Facilities 

Hartsfield-Jackson Atlanta International Airport

Federal Express hangars

Panama City-Bay County Airport Authority

Additional Matters

First-of-its-kind, approximately $35 million training facility for first responders to natural disasters and terrorist acts.

Hospitals and health care facilities, destination resort hotel complexes and casinos, and high-end condominium towers and apartment complexes.

Speaking Engagements

"Nuts and Bolts: Understanding Construction Contracts," Essentials for Real Estate Practitioners, American Bar Association Real Property, Trust, and Estate Law Section (October 29, 2025)

"Don't Go All In: Considerations When Assembling an Insurance Program for Large-Scale Projects," 37th Annual RPTE National CLE Conference, American Bar Association Real Property, Trust, and Estate Law Section, Las Vegas, NV (April 30, 2025)

"Get Ahead of the Every-Changing Curve: The Importance of Proactive Risk Management and Mitigation in Commercial Real Estate Insurance," Mid-Year Meeting, American College of Real Estate Lawyers, Río Grande, PR (March 27, 2025)

"Insurance for Construction Projects," Stetson University College of Law, Gulfport, FL (March 25, 2025)

"The Primary AIA Contract Documents," AIA Contract Document Workshop, HalfMoon Education (January 10, 2025)

"AIA Form Documents," Construction Law Certification Review Course, The Florida Bar Real Property, Probate, and Trust Law Section (2017–2025)

"Best Practices for Negotiating Design Contracts," The Built Environment: Drawing on Design, American Bar Association Forum on Construction Law Fall Meeting, Pittsburgh, PA (October 24, 2024)

"Nuts and Bolts: Construction Contracts," Essentials for Real Estate Practitioners, American Bar Association Real Property, Trust, and Estate Law Section (September 25, 2024)

"Construction Issues," Attorney Banker Conference, The Florida Bar Real Property, Probate, and Trust Law Section (April 12, 2024)

"Construction Contract Drafting Considerations," The Florida Bar Real Property, Probate, and Trust Law Section Construction Law Committee (December 11, 2023)

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"Assembling an Insurance Program for Your Infrastructure and Other Large Construction Projects," The Legal Framework for Successful Infrastructure and Large Construction Projects, Practising Law Institute (October 12, 2023)

"Nuts and Bolts: Construction Contracts," Essentials for Real Estate Practitioners, American Bar Association Real Property, Trust, and Estate Law Section (September 27, 2023)

"What Transactional Lawyers Need to Know About Property Insurance," The Fund Assembly, Orlando, FL (May 18, 2023)

"Practical Considerations Related to P3 Projects (Including a Discussion of Florida's P3 Legislation)," American College of Real Estate Lawyers, P3 Committee (January 23, 2023)

"Contract Drafting Considerations: Significant Risk Allocation Provisions Within Florida Construction Contracts," The Florida Bar Real Property, Probate, and Trust Law Section Joint Meeting of the Construction Law Committee and the Insurance and Surety Committee (December 9, 2022)

"Contract Drafting Considerations," 11th Annual Construction Law in Florida, The Seminar Group (October 2022)

"Considerations When Drafting Insurance Requirements: Traps for the Unwary," 6th Annual Insurance in the Construction Industry, The Seminar Group (August 26, 2022)

"Construction Contracts," American Bar Association Real Property, Trust, and Estate Law Section (July 6, 2022)

"Contract Drafting Considerations," 10th Annual Construction Law in Florida, The Seminar Group (October 2021)

"Risk Transfer: Contractual Indemnity and Additional Insured Issues in Construction," 5th Annual Insurance in the Construction Industry, The Seminar Group (August 2021)

"Contract Provisions Related to COVID-19," 9th Annual Construction Law in Florida, The Seminar Group (October 14, 2020)

"Risk Transfer: Contractual Indemnity and Additional Insured Issues in Construction," 4th Annual Insurance in the Construction Industry, The Seminar Group (August 7, 2020)

"Spotting Fake Insurance and Other Insurance Traps," Commercial Real Estate Series: Beyond the Basics, American Bar Association Real Property, Trust, and Estate Law Section (June 10, 2020)

"Risk Management and Insurance Topics Including Flood Insurance Issues," Third Annual Attorney Bankers Conference, The Florida Bar Real Property, Probate, and Trust Law Section (February 28, 2020)

"Advanced Construction Contracts," 8th Annual Construction Law in Florida, The Seminar Group, Miami, FL (October 24, 2019)

"Avoiding Design and Construction Contract Pitfalls," AMAC Business Opportunity Summit: Business by the Bay (September 27, 2019)

"Emerging Legal Issues in the Construction Industry," Emerging Issues Roundtable, Construction Financial Management Association Tampa Bay Chapter (September 19, 2019)

"Allocating Construction Liability Risk Among the Parties," 3rd Annual Insurance in the Construction Industry, The Seminar Group (August 14, 2019)

"Real News About Fake Insurance," 31st Annual RPTE National CLE Conference, American Bar Association Real Property, Trust, and Estate Law Section, Boston, MA (May 9, 2019)

"Real News About Fake Construction Insurance," 12th Annual Construction Law Institute, The Florida Bar Real Property, Probate, and Trust Law Section (March 8, 2019)

"Advanced Construction Law Issues: Delivery Systems and Allocating Risk in Contracts," Design-Build Legal Forum, Design-Build Institute of America (February 21, 2019)

"Advanced Construction Contracts," 7th Annual Construction Law in Florida, The Seminar Group, Miami, FL (October 4, 2018)

"Allocating Construction Liability Risk Among the Parties," 2nd Annual Insurance in the Construction Industry, The Seminar Group, Miami, FL (August 17, 2018)

"Insurance Essentials for Real Property Deals," American Bar Association Real Property, Trust, and Estate Law Section (June 13, 2018)

"When Harvey Met Irma: Drafting Lease and Construction Provisions That Withstand Damage and Destruction," 30th Annual Spring Symposia, American Bar Association Real Property, Trust, and Estate Law Section, Orlando, FL (May 11, 2018)

"Advanced Construction Law Issues: Delivery Systems and Allocating Risk in Contracts," Design-Build Legal Forum, Design-Build Institute of America (May 2, 2018)

"Significant Changes in the New 2017 AIA Contract Documents," 11th Annual Construction Law Institute, The Florida Bar Real Property, Probate, and Trust Law Section (March 9, 2018)

"Don't Let a House Land on You: Indemnities and Third Party Insurance," American Bar Association Forum on Construction Law Midwinter Meeting (January 18, 2018)

"AIA 2017 Forms: New Insurance Requirements and Other Important Changes You Need to Know," Hillsborough County Bar Association Construction Law Section (November 9, 2017)

"Advanced Construction Contracts," 6th Annual Construction Law in Florida, The Seminar Group, Miami, FL (October 19, 2017)

"Significant Changes in the New 2017 AIA Contract Documents: Will You Know What to Tell Your Clients When They Ask?," American Bar Association Real Property, Trust, and Estate Law Section (June 28, 2017)

"Allocating Construction Liability Risk Among the Parties," Insurance in the Construction Industry, The Seminar Group, Miami, FL (May 12, 2017)

"Advanced Construction Law Issues: Delivery Systems and Allocating Risk in Contracts," Design-Build Legal Forum, Design-Build Institute of America (May 10, 2017)

"Managing Risk Through Insurance: Issues Every Real Estate Lawyer Should Know," 29th Annual Spring Symposia, American Bar Association Real Property, Trust, and Estate Law Section, Denver, CO (April 20, 2017)

"Basic Insurance for Real Estate — and How to Require It in Your Documents," Building Blocks of Commercial Real Estate Series, American Bar Association Real Property, Trust, and Estate Law Section (April 12, 2017)

"A Manual for Those Who WRAP," 10th Annual Construction Law Institute, The Florida Bar Real Property, Probate, and Trust Law Section (March 17, 2017)

"AIA Contracts: Understanding Warranties and Guarantees in the Standard AIA Contracts," Lorman Education Services, Tampa, FL (September 1, 2016)

"The Insurance Is Coming! The Insurance Is Coming! Revolutionary Insurance Products for Your Real Estate Deal," 28th Annual Spring Symposia, American Bar Association Real Property, Trust, and Estate Law Section, Boston, MA (May 12, 2016)

"Legislation Modifying the Procedures for Construction Defect Claims Under Chapter 558, Florida Statutes, and New Legislation Relating to Residential Master Building Permit Programs," 35th Annual Legislative and Case Law Update, The Florida Bar Real Property, Probate, and Trust Law Section (July 31, 2015)

"Practice Points and Pitfalls in Contract Drafting to Avoid Coverage Issues," The Florida Bar Eighth Annual Construction Law Institute, Orlando, FL (March 13, 2015)

"A Look Ahead to 2017: What Types of Changes to Expect From AIA Based on the Recent Modifications to the AIA A141 Design-Build Agreement," Hillsborough County Bar Association Construction Law Section, Tampa, FL (February 19, 2015)

"AIA Contracts," Lorman Education Services, Tampa, FL (October 22, 2014)

"Insurance From the Other Guy: New ISO Forms for Additional Insured Endorsements," The Florida Bar Seventh Annual Construction Law Institute, Orlando, FL (March 22, 2014)

"AIA Contracts: Understanding Warranties and Guarantees in the Standard AIA Contracts," Lorman Education Services, Tampa, FL (September 26, 2013)

"Insurance Issues for Construction Practitioners," BPI Construction Claims Monthly, Tampa, FL (February 28, 2013)

"Delivery Systems: Understand the Potential Risks and Benefits Associated With Different Delivery Systems," WPL Publishing Co. (December 18, 2012)

"Certificates of Insurance and Additional Insured Endorsement Forms," The Florida Bar Real Property, Probate, and Trust Law Section Insurance and Surety Committee (March 19, 2012)

"AIA Contracts: Understanding Warranties and Guarantees in the Standard AIA Contracts," Lorman Education Services, Tampa, FL (February 21, 2012)

"AIA Contracts," Lorman Education Services, Tampa, FL (October 6, 2011)

"Key Construction Contract Provisions: Understand the Potential Risks and Liabilities Involved in Construction Contracts," WPL Publishing Co. (September 2011)

"AIA Contracts: Understanding Warranties and Guarantees in the Standard AIA Contracts," Lorman Education Services, Tampa, FL (May 9, 2011)

"Risky Business, What You Need to Know About the Standard AIA CM 'Not-at-Risk' Contracts If You Are an Owner or a Construction Manager," Construction Financial Management Association Tampa Bay Chapter, Tampa, FL (2011)

"What's in a Form? A Closer Look at the More Significant Provisions Within the AIA and ConsensusDocs Standard Construction Contract Forms," Construction Financial Management Association Tampa Bay Chapter, Tampa, FL (September 23, 2010)

"Overview and Comment Regarding Use of AIA and Consensus Documents," Hillsborough County Bar Association Construction Law Committee (February 18, 2010)

"AIA Contracts: Understanding Warranties and Guarantees in the Standard AIA Contracts," Lorman Education Services, Tampa, FL (May 12, 2009)

"Practical Aspects of Green Construction," Construction Law Committee Meeting, Winter Park, FL (November 10, 2008)

"Abbreviated Forms" and "Design-Build Forms," AIA Contracts Seminar, Lorman Education Services, Tampa, FL (May 13, 2009; May 13, 2008; April 18, 2007), Kissimmee, FL (May 14, 2008), and Orlando, FL (May 3, 2007)

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Multimedia

Honors & Recognitions

The Best Lawyers in America (2024–2027)

Rising Star Award, The Florida Bar Real Property, Probate, and Trust Law Section (2016–2017)

Rising Star Award, The Florida Bar Real Property, Probate, and Trust Law Section Construction Law Committee (2016)

Florida Rising Stars, Super Lawyers Magazine (2013–2015)

No aspect of this advertisement has been approved by the highest court of any state. See Awards Methodology.

Professional & Community Involvement

Scott is involved in real estate and construction law organizations nationally and in Florida. In the American Bar Association's Real Property, Trust, and Estate Law Section, he chairs the Property, Casualty, and Other Non-Title Insurance Committee and previously led the Commercial Real Estate Transactions Group. He is also a member of the American Bar Association's Forum on Construction Law and a fellow of the American College of Real Estate Lawyers.

In the Florida Bar's Real Property, Probate, and Trust Law Section, Scott serves on the executive council and chairs the Construction Law Certification Review Course Committee. He is a past chair of the Construction Law Committee and the Insurance and Surety Committee. For the Insurance and Surety Committee, he created and served as editor in chief of its newsletter, Insurance Matters!

Locally, Scott is a member of the Hillsborough County Bar Association's Real Property, Probate, and Trust Law Section and Construction Law Section and the Tampa Bay Chamber. He is also a graduate of Leadership Tampa.

Before practicing law, Scott founded and served as president of Penco Information Retrieval Inc. in Springfield, Virginia. At William & Mary Law School, he served on the William & Mary Environmental Law and Policy Review.