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Scott A. Fenton

Phone: (614) 233-4783

I have over 15 years of experience representing participants involved in public and private construction disputes, real estate and commercial disputes, breach of contract and tort actions, mechanics’ liens and foreclosures, and professional negligence claims against design professionals, real estate brokers and agents. I also counsel clients concerning risk management and contracting. I have tried cases to juries and the bench, briefed and argued numerous appeals and arbitrations, and routinely participate in mediations.

Honors

  • Earned Martindale-Hubbell "A-V” peer review designation

Representative Experience

  • Represent design professionals (architects / engineers / surveyors / landscape architects / construction managers) in professional negligence and breach of contract actions.
  • Represent general contractors and subcontractors in construction disputes.
  • Assist design professionals, contractors and subcontractors in drafting and reviewing contracts and construction administration.
  • Represent real estate brokers and agents in professional negligence actions.
  • Represent closely-held businesses in a variety of business disputes.

Significant Cases

  • Spring Creek Condo. Ass'n v. Colony Dev. Corp., 2008 Ohio 1420 (Ohio App. 2008) (architectural negligence).
  • Rece v. Dominion Homes, Inc., 2008 Ohio 24 (Ohio App. 2008) (class action concerning alleged intentional misrepresentations related to sale and appraisal of residential properties).
  • Rhodes v. Firestone Tire & Rubber Co., 2008 Ohio 4898 (Ohio App. 2008) (product liability and negligence).
  • Sherrie Buddie v. Arthur F. Russo, et al., Franklin County Court of Common Pleas Case No. 05-CV-003063 (negligence and intentional misrepresentation concerning construction and sale of new home).
  • P.T. Construction Services, LLC v. Laric J. O'Dell, et al., Licking County Court of Common Pleas Case No. 02-CV-00413 (negligent construction and fraud).
  • Walter J. Burns, et al. v. Thomas W. Rice, Sr., et al. (2004), 157 Ohio App. 3d 620; 2004 Ohio 3228 (defamation by public officials).
  • Kessler Sign Company v. City of Pataskala Board of Zoning Appeals, et al. (2002, Licking County Court of Common Pleas Case No. 2002-CV00519 (administrative appeal concerning municipal sign ordinance).

Other Professional Experience

  • Private practice (2000 - 2005)
  • Staff Attorney (1997 - 2000) Honorable Patrick McGrath, Franklin County Court of Common Pleas

Education

  • Capital University Law School, J.D., 1997
    Capital University Law Review
  • Bowling Green State University, B.A., 1989

Bar Admissions

  • Ohio, 1997
  • United States District Court, Southern District of Ohio, 1998
  • United States District Court, Northern District of Ohio, 2011

Professional Affiliations

  • Columbus Bar Association
  • Ohio State Bar Association
  • Builder's Exchange of Central Ohio

Community and Civic Involvement

  • Vineyard Church of Columbus Community Center Legal Clinic
  • Ohio Youth Services Volunteer Mentor

Publications and Presentations

  • "Limiting (and Avoiding) Professional Negligence Claims Against Engineers and Surveyors," Half Moon Seminars, Columbus, Ohio, 2007
  • "Change Orders and Requests for Information," AIA Contracts Seminar, Lorman Educational Services, Columbus, Ohio, 2007
  • "AIA Contract Change Provisions," AIA Contracts Seminar, Lorman Educational Services, Cincinnati, Ohio, 2006
  • Comment, "School Voucher Programs: An Idea Whose Time Has Arrived," 26 Cap. U. L. Rev. 645 (1997)

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