Scott D. MacDonald
About Scott
Scott MacDonald focuses on public and private construction contracting and all areas of construction litigation. He represents owners, general contractors, subcontractors, and construction suppliers throughout the Pacific Northwest on any project, whether it be heavy civil infrastructure work, road and utility projects, apartments, condominiums, affordable housing efforts, schools, hotels, or residential work. Scott is well-versed in structuring and negotiating contracts for traditional project delivery methods, as well as alternative delivery methods such as GC/CM and design-build projects. When in the best interests of clients, he is a stalwart force in formal dispute resolution, but also carries a solution-focused suite of skills to ensure disputes reach the desired outcome.
Scott has extensive experience on both state and federal public works projects at all stages of the work, including bidding, procurement risk analysis, contract drafting, on-project requests for equitable adjustment, CPARS ratings, and formal actions under the Contract Disputes Act. That experience extends to prime contractors and subcontractors, including 8(a), DBE, and non-DBE, on a diverse array of agency projects, including NAVFAC, USACE, and NOAA projects, within and outside the continental United States.
Representative Experience
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Prior to Joining Miller Nash LLP Plus
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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.
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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.
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Obtained complete recovery of general contractor’s lien on mixed-commercial/residential project in Everett following Owner’s default and placement into involuntary receivership.
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Obtained permanent restraining order against resident neighboring client’s construction project for racial and homophobic harassment of client’s labor force.
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Obtained summary judgment for heavy civil contractor on military project dismissing $900k+ subcontractor claim for reformation of a subcontract in Western District of Washington.
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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.
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Achieved 100% recovery of steel-supplier’s $400k+ claims on summary judgment against subcontractor.
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Activities
- Association of Women and Minority Businesses, Member
- Associated General Contractors of America, Washington Chapter, Member
Recognition
- Selected for inclusion in Best Lawyers: Ones to Watch® (Seattle, WA)
- Construction Law, 2023-present
- Selected as a Washington Super Lawyer—Rising Star, 2018-present
Insights from Scott
- “The Dos and Don’ts of Public Contracting in 2023—Procurement Processes,” Miller Nash, Construction Webinar Series (Feb. 2023)
