March 23, 2023
Scott A. McQuilkin combines extensive legal experience with a thorough understanding of the complexities of construction law to provide clients with the kind of practical advice that makes a difference for their bottom line. From drafting contracts to litigating disputes, Scott’s clients appreciate his responsive approach and industry knowledge. Here he shares what he likes about working in construction law and why Hinckley Allen has earned the reputation as the go-to construction firm in New England.
How does your background and experience benefit construction clients?
There is a lot of opportunity for negotiation and compromise in the construction industry and I have always been interested in conflict resolution. There is also a part of law that is competitive in nature and that appeals to me as well. I started as a general litigator at my first firm and then began to specialize in construction after a few years. As I began to focus on construction litigation, I was excited to join Hinckley Allen, first as an associate from 2007 to 2014 and then returning as Counsel in 2019, and now as partner. As one of the premier construction law practices in New England and especially around Boston, Hinckley Allen has fostered my growth both as a litigator and as a transactional attorney, negotiating and drafting contracts.
During my career, I have represented both owners and contractors, so I see both sides of issues and let that perspective inform the guidance I provide clients – and this can help the client achieve a better result.
What kinds of issues do you handle for construction clients?
As a firm, we provide “soup to nuts” legal advice on all aspects of a construction project. My practice is divided almost evenly between transactional work and litigation. I represent both owners and contractors in negotiating and drafting contracts at the front end of a project and I also provide legal advice during the project as problems arise. If disputes cannot be resolved by the parties, I also handle the ensuing mediation, arbitration, and/or litigation.
Why do you think Hinckley Allen is a leader in construction law?
The fact that we have a team dedicated to construction is a big draw. When you are handling construction matters, you have to have a deep understanding of the work and speak the language. But more than that, you have to understand the pressures that contractors routinely operate under – tight schedules, intense market competition, low margins, and market fluctuations. You have to appreciate that their legal issues and problems do not arise in a vacuum and that your legal advice has to take this context into account. Our clients appreciate that we know the industry and realize the pressures they operate under, so that we can use this knowledge to provide practical legal advice. Because we are a mid-sized firm staffed with top-tier talent, we are agile enough to perform work of the highest quality, and we have the expertise in-house to handle whatever challenges a client might have.
