Scott D. McElhern

Partner at Downey Brand

Clients turn to Scott McElhern to provide his legal insight to map out a strategy for success. He focuses his practice on litigation matters involving construction, eminent domain, real estate and commercial disputes.

Scott adeptly guides public and private owners, general contractors, and subcontractors through all phases of litigation and arbitration, including matters involving claims for delay, disruption, differing site conditions, and extra work. Scott also negotiates and drafts construction contracts on behalf of public and private owners, contractors, and design professionals, as well as represents public owners and contractors on bid disputes. A sampling of projects that Scott has worked on include commercial and industrial buildings, subdivision site improvements, hotels, apartment complexes, military visitor quarters, single-family residences, educational facilities, solar energy installations, agricultural pumping plants, fish screens, levees, wastewater treatment facilities, communication towers, and biogas and electrical generation facilities.

Scott also represents public agencies and property owners in eminent domain matters in both state and federal courts. Public agencies have retained Scott to acquire agricultural, commercial, industrial, and residential property for flood control projects, transmission lines, natural gas pipelines, wastewater treatment facilities, and transportation projects. When property owners are confronted with eminent domain, they seek Scott’s guidance to ensure that just compensation is awarded. He has represented property owners in matters involving highways, bridges, schools, telecommunication sites, water delivery systems, and an entertainment and sports center.

In addition to his construction and eminent domain practice, Scott also represents businesses and individuals in real estate and commercial disputes. He has successfully tried cases to verdict on behalf of his clients, as well as represented his clients on appeal.

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  • Partner

    Current role

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