Scott R Fradin

Practice Areas

Scott serves as co-chair of the Construction practice at Much. 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 and includes construction projects in almost every U.S. state as well as in Canada, Chile, China, Israel, Mexico, Poland, and Turkey, among other jurisdictions.

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 dispute avoidance perspective, with a focus on balancing risks and managing expectations. He has represented owners, contractors, design professionals and other stakeholders 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 mechanic's lien disputes.

Professional Memberships

Scott is a member of the American Bar Association Forum on Construction Law and the Chicago Bar Association. He was elected as a member of the Society of Illinois Construction Attorneys in 2006 and has held leadership roles since 2013, including his recent term as president. Scott is also a member of the Jefferson Society, a group consisting of members that are trained in law and architecture that aims to have a unique forum for the exchange of information for the attorneys who practice in the area of construction law and architecture.

Publications

Scott has written numerous articles and delivered training on construction-related topics for the Illinois Institute for Continuing Legal Education (IICLE). He has authored two chapters for IICLE on negotiating architectural agreements and liability issues related to green construction.

Scott is the co-author of "LEED and Green Construction" (IICLE, 2021), "Representing Architects – Pre-Contract Considerations" (IICLE, 2021) and "Owner Generated Agreements" (The Architect's Handbook of Professional Practice, American Institute of Architects, 2008).

Personal

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.

Work Highlights

Scott achieved a victory for Illinois design professionals before the Illinois Supreme Court in Christopher B. Burke Engineering, Ltd. v. Heritage Bank of Central Illinois et al., a case confirming the rights of design professionals to recover for services performed. Scott also has served as general counsel for the National Demolition Association, a nonprofit organization that represents more than 800 U.S. and Canadian companies in the demolition industry.

Experience

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.

Education