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Scott D. McElhern

Partner
Sacramento

Contact Info:
Email: Send an email
Phone: (916) 444-1000
Fax: (916) 444-2100

Practice Areas:
Litigation
Construction
Eminent Domain and Inverse Condemnation

Bio

Scott McElhern is the Co-Chair of Downey Brand's Litigation Group. Scott's practice focuses on litigation matters involving construction, eminent domain, real estate and commercial disputes.

Scott has extensive experience representing clients in all aspects of the construction industry. He represents public and private owners, general contractors and subcontractors in construction contract disputes, including claims for delay, disruption, differing site conditions and extra work. He successfully represents owners and contractors in trials and binding arbitrations. Scott also negotiates and drafts construction contracts on behalf of public and private owners, contractors and design professionals.

Scott has worked on a wide-variety of projects including commercial and industrial buildings, subdivision site improvements, hotels, apartment complexes, military visitors quarters, single-family residences, educational facilities, agricultural pumping plants, fish screens, communication towers and electrical generation facilities.

Scott also represents public entities and property owners in eminent domain matters in both state and federal courts. Scott has represented public entities in the acquisition of agricultural, commercial, industrial and residential property for flood protection projects, transmission lines and natural gas pipelines. With respect to property owners, Scott has represented owners in condemnation actions involving highways, roads, bridges and schools.

Scott also practices real estate and general commercial litigation. In a recent case, he obtained a verdict in favor of homeowners after a two week jury trial in Placer County. As a result of the verdict, the homeowners were able to rescind their home purchase agreement and also recover attorneys' fees and prejudgment interest. In total, the homeowners' recovery was in excess of $1,000,000. In another real estate matter, Scott obtained a judgment in favor of a real estate company after a two week court trial relating to the interpretation of easements. The real estate company also recovered its attorneys' fees. Scott then successfully represented the real estate company on appeal.

Admitted to Practice in:
California

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