Scott R. Fradin
Scott serves as co-chair of the firm’s Construction Law group. A highly experienced attorney and licensed architect who practiced in the field for several years, Scott works closely with individual and institutional owners, developers, builders, architects, engineers, contractors and specialty subcontractors to guide projects from inception through completion and dispute resolution. His legal practice is international; he has advised clients on construction projects in almost every U.S. state and in Canada, Chile, China, Israel, Mexico, Poland and Turkey, among other jurisdictions.
“I have been involved in all aspects of construction since I was young. This allows me to better understand the needs of our construction clients and, more importantly, to relate to their concerns on a more personal level.”
Scott draws on his broad construction background to help clients at every step. He advises owners and developers on issues such as business formation, joint ventures, public-private partnerships (P3s), structuring of investments, tax-advantaged financing, acquisitions of property, leasing, and land use and zoning. He drafts and negotiates complex design and construction agreements and has developed contract templates for Fortune 500 companies to improve efficiencies and help ensure consistency across multiple projects. Scott also advises design professionals on licensing and other professional regulation matters. Recent client projects include multifamily residential housing, medical facilities, hotels and resorts, and municipal development and redevelopment initiatives.
In his counseling practice, Scott has two primary goals: to help clients achieve their business objectives and to minimize the likelihood of construction disputes. With nearly 20 years of experience as an appellate and trial attorney, Scott drafts contracts from a litigator’s perspective, with a focus on balancing risks and managing expectations. He has represented owners, contractors and other parties involved in a wide range of multimillion-dollar construction-related disputes, including breach of contract, delay and disruption claims, design- and construction-defect claims, bond claims and mechanics lien disputes.
In 2015, Scott presented oral arguments before the Illinois Supreme Court in Christopher B. Burke Engineering, Ltd. v. Heritage Bank of Central Illinois (2015 IL App (3d) 140064), and achieved a major victory that restored key lien rights to design professionals. Other recent litigation has involved public works projects, high-rise commercial office buildings, process facilities, airports, universities, and other large commercial and institutional facilities. Scott has also represented engineers, architects, contractors and other professionals in fee disputes. His training and years of practice as an architect have enabled him to successfully represent real estate investment trusts (REITs) and owners of major shopping centers and apartment complexes in the defense of accessibility claims brought under the Americans with Disabilities Act and the federal Fair Housing Act.
Scott has also served as general counsel for the National Demolition Association, a not-for-profit organization that represents more than 800 U.S. and Canadian companies the demolition industry.
Scott speaks frequently on emerging issues in construction law and is a regular contributor to legal and industry journals. He has authored two chapters for the Illinois Institute of Continuing Legal Education (IICLE) on negotiating architectural agreements and liability issues related to LEED, and is the co-author of "LEED and Green Construction" (IICLE, 2009), "Representing Architects – Pre-Contract Considerations" (IICLE, 2009), "Owner Generated Agreements" (The Architect's Handbook of Professional Practice – 14th Ed., American Institute of Architects, 2008) and "Challenging the Finality of an Executed Change Order" (Aspen Publishers, 2005). He also authored "Properly Drafted Construction Contracts Can Limit Development Risks" (Real Estate Finance, Aspen Publishers, 2007).
- American Bar Association, Forum on Construction Law
- Chicago Bar Association, Past Chair of the Construction Law and Mechanics Lien Subcommittee
- Society of Illinois Construction Attorneys, Past President (elected as a member in 2006 and first elected as an officer in 2013)
A sports enthusiast who is committed to working with young people, Scott has coached numerous youth sports teams. He also serves on the legal committee for Mercy Housing Lakefront, one of the nation’s largest affordable housing organizations. He has also served as general counsel for the National Demolition Association, a not-for-profit organization that represents more than 800 U.S. and Canadian companies the demolition industry.