Scott A. Schipma

Scott A. Schipma

Shareholder

Scott A. Schipma focuses his practice on government contracts, public and private construction disputes, and related insurance matters. He counsels and represents clients on a wide range of publicly-funded contract issues, including award decisions, subcontracting, regulatory compliance, data rights, cybersecurity, cooperative agreements, contract terminations, mergers and acquisitions, lender financing, and the preparation and litigation of complex claims related to contract changes. Scott represents clients in bid protests before various state and federal agencies, boards, and forums, including the General Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), the Small Business Administration (SBA), the U.S. Department of Energy (DOE), the Federal Transit Administration (FTA), the United States Postal Service (USPS), and the Federal Aviation Administration (FAA) through the Office of Dispute Resolution for Acquisition (ODRA).

Scott's practice also involves advising and representing clients involved in the construction and insurance industries. He assists clients with the prosecution and defense of claims and disputes involving national and international construction and development projects in various forums, including state and federal courts, industry arbitration panels, international arbitrations, federal and state boards, and mediations.

Before entering private practice, Scott began his legal career as an Attorney Advisor to the U.S. Navy's Naval Air Systems Command, where he advised senior leadership regarding the negotiation, award, and administration of aircraft and related weapon-systems procurements. While with the Navy, he also served as Claims Counsel for the Command, and was responsible for the resolution of numerous contractor claims.

Concentrations

  • Government contracts
  • Construction disputes
  • Bid protests
  • Court of Federal Claims, Board of Contract appeals, GAO and Federal Circuit litigation
  • Grants and cooperative agreements
  • BRAC redevelopment
  • Payment and performance bonds
  • Inspector General and other government investigations
  • Compliance counseling
  • Small business subcontracting
  • Contract terminations
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Capabilities

Experience

  • Represented subrogated insurer in litigation against the U.S. Department of Defense (DoD) at the Court of Federal Claims and the Court of Appeals for the Federal Circuit seeking reimbursement for environmental remediation costs at former Naval base. Litigation involved issues regarding the DoD’s obligations to remediate environmental contamination on property transferred pursuant to the Defense Base Closure and Realignment (BRAC) process.°
  • Represented international shipping company operating U.S. Flag and Foreign Flag vessels before GAO in a successful defense of a U.S. Navy, Military Sealift Command (MSC) $50 million contract award for tanker charter services.°
  • Represented property development firm before GAO in successful defense of a unique “public/private partnership” award involving the exchange of underutilized Air Force (AF) property for the design and construction of office buildings to house AF organizations at Los Angeles Air Force Base. GAO conducted two hearings that involved testimony from senior AF officials.°
  • Represented major ship builder at the Court of Federal Claims relating to award of an $80 million U.S. Coast Guard contract for the procurement of multi-mission Great Lakes Ice Breaker ships.°
  • Represented IT contractor in GAO protest of a USDA award of a $120 million contract for the supply and maintenance of a consolidated cloud-based reservation system. After conducting a hearing, GAO sustained the client’s protest and awarded attorney’s fees.°
  • Advised owner of a leading medical device firm in the sale of its government contracting assets to a private equity fund. Advised and assisted client in identifying and making necessary disclosures under FAR 52.203-13 to both purchaser and the Agency Inspector General.°
  • Conducted comprehensive review and assessment of a major DoD contractor’s compliance with contractual and regulatory requirements under U.S. Government contracts, Foreign Military Sales (FMS) agreements, and Direct Commercial Contracts (DCC) utilizing Foreign Military Financing (FMF).°
  • Represented global EPC contractor in an ICDR/AAA Arbitration against subcontractor claims seeking more than $100 million arising from the design and construction of a combined-cycle power plant in Rosarito, Mexico. The case presented complex design, construction, force majeure, differing site conditions, liquidated damages for delay, and plant unavailability issues. The arbitration proceedings were bifurcated and involved multiple evidentiary hearings spanning several years.°
  • Represented Performance Bond Surety in a $200 million dispute litigated in the U.S. Territory of Guam involving the respective liability of the contractor, architect/engineer and construction manager for alleged defective work/ design that caused the collapse of a high-rise condominium building during an earthquake. Despite a jury verdict of against the performance bond principal, the Surety avoided all liability based on a number of discrete surety defenses.°
  • Represented a joint venture of five international EPCM firms in a mediation of 21 separate lawsuits filed in the Court of Queen’s Bench Alberta Judicial District of Calgary involving the design and construction of a $4 billion addition to the Athabasca Oil Sands Refinery in Western Canada. The claims exceeded $120 million and presented complex insurance, design, construction, and product liability issues.°
  • Represented international power development firm in ICC International Court of Arbitration proceedings relating to dispute arising from a USAID contract for the design, procurement, and construction of a power plant in Kabul, Afghanistan. The dispute involved issues of delay, prompt payments, termination, and compliance with FIDIC-based and FAR-mandated provisions in the parties’ subcontract.°
  • Drafted suite of AIA-based cost-plus-fee contracts for private owner for use in $100 million renovation of historic building. Counseled owner regarding unique requirements relating to payment terms and subcontract requirements.°

°The above representations were handled by Mr. Schipma prior to his joining Greenberg Traurig, LLP.

  • Assistant Counsel, Naval Air Systems Command Headquarters (NAVAIRHQ), United States Department of the Navy, Office of General Counsel, 1996-1999

Recognition & Leadership

  • Volunteer, The Lamb Center, 2013-Present
  • Head Coach, Odyssey of the Mind, 2015-2016

Credentials

Education
  • J.D., DePaul University College of Law, 1993
  • B.A., with high honors, Trinity Christian College, 1989
Clerkships
  • Hon. John Hourihane, Appellate Court of Illinois, First District, 1995-1996
  • Hon Joseph Gordon, Appellate Court of Illinois, First District, 1994-1995
Admissions
  • District of Columbia