C. Scott Penner (206) 607-4178 Assistant: Lynn Caragol (206) 607-4116
Construction Law  Insurance Coverage  Subrogation Litigation

Scott Penner joined the firm in 1989. Mr. Penner is a past member of the Carney’s Board of Directors and a past director of the Litigation Department.

Mr. Penner’s practice emphasizes construction law, design professional defense, insurance coverage and subrogation and litigation. He advises both shipyards and public agencies on state and federal marine procurement projects. He is admitted to practice in the states of Washington, California and Alaska and the United States Court of Federal Claims.

Honors and Recognitions

Mr. Penner was named by Washington Super Lawyers magazine as one of the top attorneys in the state for each of the years 2004-2017. He was listed in the Super Lawyers Business Edition 2013-2017 and is listed in Best Lawyers for Insurance Law and Construction Litigation.

Mr. Penner has been listed in Seattle Metropolitan Magazine and Seattle Business Magazine as one of King County’s “Top Lawyers” 2010 – 2016.  They cull their listings from Martindale-Hubbell, Super Lawyers and Best Lawyers in America.

Education

  • JD, UCLA School of Law, 1986
  • AB, Stanford University, 1982

Bar and Court Admissions

  • State of Washington
  • State of California
  • State of Alaska
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • U.S. District Court, Northern District of California
  • U.S. District, Central, District of California
  • U.S. District, Eastern District of California
  • U.S. District, Southern District of California
  • U.S. District Court, District of Alaska
  • U.S. Court of Appeals, Ninth Circuit
  • United States Court of Federal Claims

Published Decision

Amazon.com International, Inc. v. American Dynasty Surplus Lines Insurance Company, 120 Wn. App. 610, 85 P.3d 974 (2004)

Representative Matters

Halter Marine v. State of Alaska, Alaska Marine Highways Division, Dept. of Transportation and Public Facilities

Halter Marine brought a $52 million claim against Carney’s client, State of Alaska, Alaska Marine Highways Division (AMHS), arising from the construction of a $77 million ocean-class passenger vessel, the MV Kennicott, which was completed in 1998. This matter was resolved with the State paying only $500,000 to one of the subcontractors and retaining its $2.7 million in liquidated damages and performance allowance.

Northwest Marine v. State of Alaska, Department of Transportation and Public Facilities, Alaska Marine Highway System

A Portland shipyard made an $8.6 million claim against Carney client Alaska Marine Highway System arising out of a contract to renovate a state ferry, the MV Tustumena. The State had counterclaims for warranty, liquidated damages, and defective workmanship in the amount of $1.4 million. After a seven-week hearing, all but one of the shipyard’s sixteen claims were denied in their entirety. The shipyard was awarded $3,532 on one claim (which was the amount the State indicated was due). The State was successful in their counterclaims and was awarded $1,234,585. Following appeal by the shipyard, the hearing officer’s decision was affirmed.

Todd Shipyards v. State of Washington

Carney represented Todd Shipyards on a claim for additional compensation against the State of Washington arising out of the construction of the three Jumbo II class ferries, which at the time were the largest double-ended ferries in the world. The claim was settled for $31.4 million in mediation.

Vigor Shipyards

Mr. Penner has represented Vigor Shipyards (formerly Todd Shipyards) in numerous vessel construction and renovation projects, including Washington State Ferries’ 64-Auto Ferry and 144-Auto Ferry programs, and projects for the US Navy and private industry.

Kodiak Kenai Fiber Link

Mr. Penner represented Kodiak Kenai Cable Company in the construction of the Kodiak Kenai Fiber Link, a submarine fiber optic telecommunications system connecting Kodiak Island and the Kenai Peninsula.

Other Representative Matters

Design Professional Claims

Mr. Penner represents numerous design professionals against claims of professional errors or omissions on many types of projects, including schools, hospitals and commercial buildings.

Insurance Coverage Litigation

Mr. Penner represents insurers and policyholders in state and federal court actions regarding insurance coverage issues.

Professional Associations

  • King County Bar Association
  • Northwest Insurance Coverage Association
  • State Bar of California
  • The Society of Naval Architects and Marine Engineers
  • Washington State Bar Association
  • Propeller Club