Scott S.  Orenstein

Scott S. Orenstein


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, submittal submissions, 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.

Recent results for Scott include:

  • 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.
  • 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
Community Involvement
  • Chairman, Town of Guilford Standing Building Committee
  • Member, Town of Guilford High School Building Committee
  • Quinnipiac University School of Law, J.D., cum laude, 2001
  • University of Massachusetts at Amherst, B.S., 1990


  • 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