Scott D. Cahalan is a Partner in the Construction Practice at Smith, Gambrell & Russell LLP.
Mr. Cahalan has substantial experience representing owners, developers, contractors, and others in the construction industry. His practice primarily consists of drafting and negotiating construction contracts; providing advice during development, design, and construction; and representing clients in dispute resolution.
Mr. Cahalan has been lead counsel on a number of litigation, arbitration, and mediation matters involving claims for breach of contract and torts, including payment claims, differing site conditions claims, delay, acceleration, and inefficiency claims, design and construction defect claims, as well as lien and bond claims.
Mr. Cahalan has also drafted and negotiated a large of contracts using both specially drafted contract forms and standard industry forms. Mr. Cahalan has drafted general contracts, master agreements, subcontracts, design contracts, service contracts, design-build contracts, EPC and EPCM contracts, construction and program management contracts, joint-venture, teaming, and partnering agreements, equipment installation contracts, purchase orders, operation and maintenance contracts, IPD contracts, and bonds for public and private jobs. His contracts have been used on office, commercial, hospitality, residential, and mixed use buildings, light and heavy manufacturing and warehouse facilities, arenas, stadiums and practice facilities, hospitals and medical office buildings, school and university buildings, and utility and water reclamation projects.
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.
Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches or has taught Design and Construction Law, Real Estate Development Law, and Construction Development Law to graduate and undergraduate students. Mr. Cahalan also taught Trial Techniques to law students at Emory University between 2009 and 2011.
Before law school, Mr. Cahalan was an engineer at Green Construction, Inc., an ENR® top 50 general contractor that specialized in large civil and industrial construction projects throughout North and South America. He has experience in estimating, scheduling, cost accounting, and project management.
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. While in law school, Mr. Cahalan served as a summer law clerk to The Honorable Julie E. Carnes, Judge for the United States District Court for the Northern District of Georgia, Atlanta Division (retired, Judge for the United States Court of Appeals for the Eleventh Circuit).
American Bar Association – Construction Forum
American Institute of Architects
Georgia Utility Contractor’s Association
Mr. Cahalan has written more than 50 published articles including acceleration, building information modeling, changes, construction contracts, constructive changes, delays, differing site conditions, e-verify, implied duty of good faith and fair dealing, lien law, material breach, procurement laws, retainage, sovereign immunity, the Spearin Doctrine, termination, and warranties. A complete list of Mr. Cahalan’s publications is available upon request, some of which include:
Mr. Cahalan has also given more than 60 webinars and seminars throughout the United States and Europe covering topics that include general contracts, subcontracts, EPC and EPCM contracts, preference statutes, implied contract obligations, delay claims, differing site condition claims, force majeure clauses, pay if paid clauses, construction management agency, avoiding subcontractor default, Miller Act claims, green building, construction insurance, and mechanics lien and bond law. A complete list of Mr. Cahalan’s speaking engagements is available upon request, some of which include: