Scott D. Cahalan

Scott D. Cahalan is a partner in the Construction Litigation Section of Smith, Gambrell & Russell, LLP.

He has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers, and vendors in connection with construction, commercial, and other business matters. Mr. Cahalan’s practice primarily consists of drafting and reviewing construction contracts, providing advice during construction, and construction litigation, arbitration, and mediation.

Mr. Cahalan received his B.S. degree in Construction Engineering from Iowa State University in 1984. In 1994, he received his J.D. degree, cum laude, from the University of Georgia, where he was the notes editor for the Georgia Journal of Intellectual Property Law, research editor for the Georgia Journal of International Comparative Law, and one of three editors who published the first edition of the Digest of Decisions of the Georgia Department of Natural Resources. While in law school, Mr. Cahalan served as a judicial law clerk to The Honorable Julie E. Carnes, Judge for the United States District Court for the Northern District of Georgia, Atlanta Division.

Before law school, Mr. Cahalan was an engineer at Green Construction, Inc., a general contractor that specialized in heavy, highway, and industrial construction projects throughout the United States. He has experience in estimating, scheduling, and project management.

Mr. Cahalan’s publications include: “NIMBY: Not in Mexico’s Backyard - a case for recognition of a human right to a healthy environment in the Americas,” 23 Georgia Journal International & Comparative Law 409 (1993); Building Information Modeling: What’s Ahead for Contractors, Trust The Leaders, Issue 21 (Spring 2008); Lien Law: Use It Or Lose It, Trust The Leaders, Issue 11 (Spring 2005); Move Over AIA - There’s a New Standard Form Construction Contract for Owners and Developers, Trust The Leaders, Issue 2 (Winter 2002); An Owner’s Guide to Time Related Claims, Construction Business Review, Volume 9, Number 1 (2001); Owner’s Perspective - Allocating Contract Administration Duties and Responsibilities Between Construction Managers and Architects, Construction Business Review, Volume 8, Number 3 (2000); Differing Site Conditions - Expecting the Unexpected, Construction Business Review, Volume 8, Number 2 (2000); Contract Clauses, Warranties, and Purchase Orders That Should Concern Mechanical Contractors (1999); Claims and their Pitfalls - Changes, Differing Site (“Change”) Conditions, Time and Termination (1999); Georgia Construction Law (1997); Effect of Pay When Paid Clauses on Lien and Bond Rights (1996); Protecting Your Security Rights With A Uniform Commercial Code Financing Statement (1995); and Interest on Retainage for Public Works Projects, Georgia Utility Contractors (1995).

Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 - Standard Form of Agreement Between Owner and Contractor where the Price is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 - Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis with a Guaranteed Maximum Price. Mr. Cahalan has also given numerous seminars throughout the United States and Europe concerning Construction Contracts, Mechanics Lien Law and Construction Claims.

Mr. Cahalan is a member of the State Bar of Georgia, the United States District Court for the Northern District of Georgia, and the United States Court of Appeals for the 11th Circuit. He is also a member of the Litigation Section and Construction Forum of the American Bar Association.