Scott W. Kowalski


Contact Information :

434/847-8195 fax
vcard download

Practice Areas:

Construction Law
Construction Litigation
Surety Law


Scott W. Kowalski has focused his practice on construction law and construction litigation since 1997, and has attained the Martindale-Hubbell AV-Preeminent Rating. His areas of practice include construction law, surety law and construction litigation. He is admitted to practice in all State and Federal Courts in Virginia as well as being admitted to practice in the District of Columbia.

After clerking at the United States Court of Federal Claims, Scott practiced for over a decade in the McLean, Virginia office of the construction law firm Watt, Tieder, Hoffar & Fitzgerald, LLP. In 2009, Scott returned to his hometown of Lynchburg with his family and has continued to exclusively practice construction law, representing owners, design professionals, contractors, subcontractors, and suppliers in many facets of construction projects, including drafting and negotiating contracts, bid protests, contract claims, mechanic’s liens and payment bond claims, insurance coverage issues, as well as the mediation, arbitration and litigation of claims and disputes.

Among his professional activities, Scott is currently a member of the Board of Governors of the Virginia Bar Association (VBA) and previously served as Section Chairman of the VBA Construction & Public Contracts Law Section, and has been a member of the Board of Governors of the Virginia State Bar Construction Law & Public Contracts Section since 2011.  Scott is also extensively involved with the Virginia Chapter of the Association of Builders and Contractors (ABC-VA), where he sits on the State Board of Directors, and the Virginia Chapter of the Associated General Contractors (AGC-VA).


College of William & Mary, B.A., 1992
George Mason University, J.D., 1995

Peer Review Rating:

Martindale-Hubbell® Rating – AV-Preeminent

Bar Admissions:

Virginia (1995)
District of Columbia (1998)

Professional Recognition:

2010 Virginia Super Lawyers Rising Stars
2008 Virginia Super Lawyers Rising Starts
2016 Lynchburg Business Magazine Top Lawyer

Professional Publications & Presentations:

Speaker: “Contract Claims, Lien, and Bond Claims,” Multiple Presentations 2010-2104.
Speaker: “Construction Law Update,” Multiple Presentations 2012-2014.
Speaker: “Handling Construction Disputes Under Standard Form Construction Contracts,” Multiple Presentations, 2010-2014.
Speaker: “Protecting Your Company from Getting Burned,” AGC-VA, November, 2012.
Speaker: “Legal Implications of LEED,” USGBC SW Virginia Chapter, 2011.
Panel Member: “When Green Initiatives Get Slowed in the Mud: Responding to Legal Claims for Sustainability Efforts Gone Awry,” June 2010, National Association of College and University Attorneys Annual Conference, D.C.
Speaker: “Protecting the Work You Have – How to Properly Handle Claims Under Standard Form Construction Documents,” Multiple Presentations.
Speaker and Co-Author: “A Project Manager’s Guide: How to Keep Construction Projects From Going Bad — And What To Do When They Do,” April 2006 and March 2008.
Speaker and Co-Author: “ AlA Sample Form Contracts,” October 20, 2006 and September 2005.
Speaker and Co-Author: “Practical and Legal Fundamentals of Construction Contracts and Schedules,” September 2005.
Speaker and Co-Author: “Fundamentals of Construction Contracts in the District of Columbia: Understanding the Issues,” December 2004.
Speaker and Co-Author: “AlA Contracts In Virginia,” November 2004.
Panelist: “Government Contract Compliance in the Time of Enron & Sarbanes-Oxley,” March 2004.
Author: “Federal Circuit Court Upholds Ruling Limiting A Surety’s Right To Assert The Claims Of Its Defaulted Principal,” From the Ground Up, Winter 2003.
Author: “Ambiguities In Contract Documents,” Construction Briefings. December 2002.
Author: “The ASBCA and a Takeover Surety’s Assertion of its Defaulted Principal’s Pre-Takeover Claims,” From the Ground Up, Spring 2001.
Speaker: “Government Construction Contracting: Contractor and Government Claims and Remedies,” Federal Publications, Washington, D.C., October 1998.

Community Activites:

Virginia Legal Aid Society; Pro Bono Panel Member