Scott S.  Orenstein

Scott S. Orenstein

Partner

Practice Groups

With a background in the construction industry that includes working for more than a decade as a project manager and estimator for a general contractor, partner Scott Orenstein is a seasoned commercial litigator whose practice focuses on construction claims. A licensed professional engineer in the State of Connecticut, Scott’s construction industry experience includes estimating, scheduling, buyout, preparing submittals, and change order negotiations for a wide variety of construction projects. 

Scott is a registered patent attorney and the editor of the Construction Law and Litigation blog. He has represented numerous contractors, subcontractors, property owners, and design professionals during the mediation process, and is also certified by the American Dispute Resolution Center to serve as an arbitrator to outside parties.

Scott has successfully negotiated settlements during arbitration, mediation, and trial. His recent results include:

  • Successfully settling a $1.1 million dispute with an architecture and engineering firm over deficient plan specifications for $60,000 after only one day of trial.
  • Obtaining a $300,000 arbitration award in favor of a general contractor that had its million dollar contract for a commercial building project wrongfully terminated while simultaneously defeating the owner’s $750,000 counterclaim for defective workmanship and the failure to pay subcontractors.
  • Successfully negotiating a $1.2 million settlement of contractor’s claim for delay damages and lost productivity on a public works construction project for the State of Connecticut.
  • Obtaining a trial court judgment in favor of a subcontractor that was not paid for its work after the general contractor claimed that the subcontractor’s work was defective. After a 10 day trial, the trial court awarded the subcontractor its contract balance, attorneys’ fees and costs and found in the subcontractor’s favor on the general contractor’s $1 million counterclaim for defective work.
  • Successfully negotiating a $225,000 settlement of contractor’s claim for delay damages and lost productivity on a public works construction project.
Honors
  • Martindale-Hubbell Peer Review Rating: AV Preeminent
  • Super Lawyers Rising Stars 2011
  • Guilford Public Schools Friend of Education Award 2015
Professional Affiliations
  • Member, CSA-AGC-CMAA Joint Committee
  • Connecticut Bar Association, Construction Law Section
  • Executive Committee Member, Connecticut Bar Association, Construction Law Section
  • Rhode Island Bar Association
  • Associated Builders and Contractors (ABC) — Connecticut Chapter
  • Associated General Contractors of Connecticut 
Admitted to Practice
  • Connecticut
  • Rhode Island and Providence Plantations
  • Massachusetts 
  • North Carolina 
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the District of Rhode Island
  • U.S. Federal Court of Claims
  • U.S. Patent and Trademark Office
Certifications
  • Certified Dispute Arbitrator, American Dispute Resolution Center
Community Involvement
  • Chairman, Town of Guilford Standing Building Committee
  • Member, Town of Guilford High School Building Committee
Education
  • Quinnipiac University School of Law, J.D., cum laude, 2001
  • University of Massachusetts at Amherst, B.S., 1990

 

Publications/Presentations
  • Presenter, "Construction Law," Foxmoor Continuing Education, November 6, 2014
  • Presenter, "Legal Issues for Professional Engineers," HalfMoon LLC CLE, January 27, 2012
  • Presenter, "Introduction to Mechanic's Lien Law," Connecticut Bar Association CLE, February 2010
  • Author, “The True Meaning of ‘Pay When Paid’ Clauses,” CDC News, Houston Texas Edition, January 23, 2006
  • Author, "Beware of 'Information Not Guaranteed' Clauses," CDC News, Southern Florida, December 19, 2005
  • Author, “Mechanic’s Lien Law Applied to Retail Construction,” New England Construction News, November 21, 2005
  • Author, “Sick Building Syndrome: What Every Contractor Should Know,” New England Construction News, October 24, 2005
  • Author, “Disappointed Bidders May Have Day in Court,” New England Construction News, September 19, 2005
  • Presenter, "Connecticut Construction Law: What Do You Do When...?", National Business Institute CLE, January 13-14, 2005
  • Author, “The Laws Governing Blasting,” ISEE Journal, November-December 2003