Scott D. MacDonald

Representative Experience

• Construction Contracting Plus

  • Midstream transition of general contractors on a major data center construction project. Prepared a negotiated separation agreement to remove a national general contractor midstream during construction of a very large data center complex in Oregon, and to transition the remaining work to the follow-on contractor, along with the assignment of all existing subcontractors. The transition was fully successful, with no disputed termination or delay claims.

• Insurance Recovery Plus

  • Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

• Prior to Joining Miller Nash LLP Plus

  • Represented public works contractor from contract award to final completion on a mixed vertical and heavy civil project in downtown Seattle achieving full negotiated settlement of $20M+ claims without formal dispute resolution.

  • Represented public works contractor from contract award to final completion on heavy civil utility relocation project spanning multiple downtown Seattle boroughs achieving full negotiated settlement of $19M+ claims without formal dispute resolution.

  • Obtained complete recovery of general contractor’s lien on mixed-commercial/residential project in Everett following Owner’s default and placement into involuntary receivership.

  • Obtained permanent restraining order against resident neighboring client’s construction project for racial and homophobic harassment of client’s labor force.

  • Obtained summary judgment for heavy civil contractor on military project dismissing $900k+ subcontractor claim for reformation of a subcontract in Western District of Washington.

  • Represented contractor in $87M sale of contractor-held real property to commercial developer that included simultaneous negotiation of contractor’s construction agreement to construct the buyer/developer’s apartment complexes on the property.

  • Achieved 100% recovery of steel-supplier’s $400k+ claims on summary judgment against subcontractor.