Scott A. Fenton's Profile Image

Scott A. Fenton

Phone: (614) 233-4783

I have over 20 years of experience representing contractors, subcontractors, owners and design professionals. I review and revise construction contracts, subcontracts and design professional agreements and provide practical advice to minimize risk and avoid litigation. My practice includes prosecuting and defending actions involving breach of contract, construction and design defects, professional negligence, mechanics’ liens and foreclosure actions and commercial leasing disputes.

Honors

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

Representative Experience

Construction Matters

  • Obtained verdict for commercial building owner against general contractor for breach of contract and fraud.
  • Received defense verdict for owner-developer of luxury high-rise condominium on purchaser’s breach of contract and construction defects claims.
  • Obtained defense verdict for design-builder on negligent design and construction defect claims.
  • Obtained summary judgment for structural engineering firm on owner’s claims of structural defects in new retail store and warehouse.
  • Successfully defended condominium developer from personal injury action resulting from failure of elevated deck.
  • Obtained summary judgment for architectural firm on claims of copyright infringement.
  • Obtained favorable settlement for municipal contracting authority against claims that river redevelopment project undermined structural integrity of railway bridge.
  • Defended general contractor in jury trial against construction defects in new K-12 school construction project.
  • Successfully defended condominium developer against condominium association’s claims for breach of contract, construction defects and violation of Ohio’s Condominium Act.
  • Obtained judgment for owner in action involving defective parking lot.
  • Obtained summary judgment for geotechnical engineering firm in action concerning foundation settlement of residential homes.
  • Successfully defended tunneling contractor against quarry owner’s property damage and lost profits claims.
  • Successfully defended engineering firm from county water authority’s claims of negligent design of a new pump station.
  • Successfully defended manufactured home supplier against home purchasers’ breach of warranty and construction defect claims.
  • Successfully defended bridge painting inspection company against nine separate breach of contract and misrepresentation actions brought by department of transportation.
  • Successfully defended design-builder against city’s negligent design and construction claims involving new recreation center natatorium.
  • Defended utility locating service in cases involving negligence and damage to underground facilities.
  • Successfully defended civil engineering firm against claim by property owner of negligent design of spoils pile.
  • Successfully defended roofing subcontractor in multimillion dollar construction defect claim brought by private university.
  • Successfully defended civil engineering firm against multimillion dollar property damage claims resulting from underground gas explosion.

Non-Construction Matters

  • Obtained jury verdict for owner of office building for breach of commercial lease agreement.
  • Obtained defense verdict for real estate broker on breach of contract and fraud claims brought by condominium purchasers.
  • Obtained summary judgment for property appraiser in class action lawsuit alleging inflated property valuations and fraud.
  • Obtained summary judgment for tire retailer in product liability and negligence action.
  • Prevailed in administrative appeal over city’s claims of violation of municipal sign ordinance against gas station owner.
  • Obtained summary judgment for public officials in defamation action.
  • Represented closely-held businesses in a variety of business disputes.
  • Successfully prosecuted and defended numerous claims of violations of Ohio’s Consumer Sales Practices Act.

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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