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Scott P. Pence

Scott P. Pence

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Overview

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. 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 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.

Scott is very active in the Florida Bar and is board certified in Construction Law. He is currently a co-vice chair of the Construction Law Committee (CLC) and the Insurance and Surety Committee of the Real Property Probate & Trust Law (RPPTL) Section of the Florida Bar. He serves as the legislative chair of the CLC’s subcommittee and is the editor-in-chief of “Insurance Matters!,” a newsletter distributed by the Insurance and Surety Committee.

Scott 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.

Featured Insights

Experience

Some of the projects Scott has been involved with include:

  • Energy Facilities
    • Pipeline development and expansion projects in the State of Florida. 
    • Photovoltaic system installation and service agreements, purchase and sale agreements with respect to various power substations and transmission lines.
    • EPC 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
    • Washington Nationals
  • Schools
    • Orange County Public Schools’ Capital Expansion Program
    • Texas Independent School Districts, various schools
    • University of California , various campuses
    • University of Florida
    • University of New Mexico
    • University of South Florida
    • University of Texas, various campuses
    • Yale University
  • Airports/Transportation Facilities 
    • Atlanta Hartsfield International Airport
    • Federal Express Hangars
    • Panama City-Bay County Airport Authority
  • First Responder Training Facility
    •  First-of-its-kind training facility at approximately $35 million. Training facility used for first-responders of natural disasters and terrorist acts.
  • Destination resort hotel complexes and casinos.

Recognition

  • AV Rated by Martindale-Hubbell
  • Selected for inclusion in Florida Super Lawyers Rising Stars (2013-2015)

Professional & Community Involvement

  • American Bar Association
    • Real Property, Probate and Trust Law Section
    • Vice-chair, Property, Casualty, and Other Non-Title Insurance Committee of the Commercial
    • Real Estate Transactions Group
    • Forum on the Construction Industry
  • Hillsborough County Bar Association
    • Real Property, Probate and Trust Law Section
    • Construction Law Section
  • The Florida Bar
    • Real Property, Probate and Trust Law Section  
      • Member, Executive Council   
      • Co-vice-chair, Construction Law Committee
        • Chair, Legislative Subcommittee
    •  Insurance & Surety Committee
      • Co-vice-chair
      •  Editor-in-Chief, "Insurance Matters!"
  • Leadership Tampa (2015)
  • Board Certified by The Florida Bar in Construction Law

Speaking Engagements

  • "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 RPPTL Legislative and Case Law Update Seminar (July 31, 2015).
  • "Practice Points and Pitfalls in Contract Drafting to Avoid Coverage Issues," The 8th Annual Construction Law Institute, The Florida Bar, Orlando, FL (March 13, 2015).
  • "Top Ten Risk-Shifting Provisions in Construction Contracts," Construction Law Committee of the Real Property Probate and Trust Law Section of the Florida Bar (March 9, 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’s Construction Law Section, Tampa, FL (February 19, 2014)
  • “AIA Contracts,” Lorman Education Seminars, Tampa, FL (October 22, 2014)
  • “AIA Contracts,” Lorman Education Seminars, Sarasota, FL (October 8, 2014)
  • "Insurance From the Other Guy: New ISO Forms for Additional Insured Endorsements," 7th Annual Construction Law Institute, The Florida Bar, Orlando, FL (March 22, 2014)
  • “AIA Contracts: Understanding Warranties and Guarantees in the Standard AIA Contracts,” Lorman Education Seminars, Tampa, FL (September 26, 2013)
  • "Case Law Update," Insurance and Surety Committee of the Real Property Probate and Trust Law Section of the Florida Bar (July 25, 2013)
  •  "The Top 10 Risk Shifting Provisions Within Construction Contracts," Eli Research Inc, Construction Claims Monthly (June 12, 2013)
  • "Case Law Update," Insurance and Surety Committee of the Real Property Probate and Trust Law Section of the Florida Bar (May 20, 2013)
  • “Top Ten Risk Shifting Contract Provisions in Construction Contracts,” Construction Financial Management Association, Tampa Bay Chapter, Tampa, FL (March 28, 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., Inc. (December 18, 2012)
  • “Certificates of Insurance and Additional Insured Endorsement Forms,” Real Property and Liability Insurance and Surety Committee, The Florida Bar, Real Property Probate and Trust Law Section, (March 19, 2012)
  • “AIA Contracts: Understanding Warranties and Guarantees in the Standard AIA Contracts,” Lorman Education Seminars, Tampa, FL (February 21, 2012)
  • “AIA Contracts,” Lorman Education Seminars, Tampa, FL (October 6, 2011)
  • “Key Construction Contract Provisions: Understand the Potential Risks and Liabilities Involved in Construction Contracts,” WPL Publishing Co., Inc. (September 2011)
  • “Understanding Warranties and Guarantees in the Standard American Institute of Architects (AIA) Contract,” Lorman Education Seminars (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,” Tampa Division of the Construction Management Association of America (Friday 25, 2011)
  • “What’s in a Form? A Closer Look at the More Significant Provisions Within the AIA and ConsensusDOCS Standard Construction Contract Forms,” Tampa Bay Chapter of the Construction Financial Management Association (September 23, 2010)
  • “An Overview of and Comment on the Use of Standardized Construction Documents Produced by the American Institute of Architects (AIA) and ConsensusDOCS,” half-day seminar for the Construction Law Committee of the Hillsborough County Bar Association (February 28, 2010)
  • “Overview and Comment Regarding use of AIA and Consensus Documents,” Construction Law Committee Seminar of the HCBA (February 18, 2010)
  • “Abbreviated Forms,” and “Design-Build Forms,” Lorman Education AIA Contracts Seminar, Tampa, FL (May 13, 2009, May 13, 2008, and April 18, 2007), Kissimmee, FL (May 14, 2008), and Orlando, FL (May 3, 2007)
  • “Understanding Warranties and Guarantees in the Standard American Institute of Architects (AIA) Contract,” Lorman Seminars Teleconference (May 12, 2009)
  • “Practical Aspects of Green Construction,” Construction Law Committee Meeting Presentation, Winter Park, FL (November 10, 2008)

Pro Bono

  • Various matters for the U.S. Green Building Council - Florida Gulf Coast Chapter, Inc.
  • Various matters for the Tampa Bay Conservancy, Inc.

Credentials

Education
  • William & Mary School of Law (J.D., 2005)
    • William and Mary Environmental Law and Policy Review
    • Honors in Legal Skills (excellence in research, writing, analysis, trial and appellate practice, and client relations)
  • George Mason University (B.A., Mathematics, 1993)
Bar Admissions
  • Florida
Board Certifications
  • Construction
Court Admissions
  • Florida State Courts

Background

  • President and Founder, Penco Information Retrieval, Inc., Springfield, VA (1992-2005)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.