Scott A. Miskimon

Scott Miskimon is a commercial litigator who prosecutes and defends significant business disputes in state and federal court. Scott is co-chair of Smith Anderson’s real estate litigation practice, and a large part of his practice involves commercial real estate litigation. He is the co-author and editor of the authoritative treatise North Carolina Contract Law, a two-volume work now in its second edition, and which has been frequently cited and quoted by North Carolina’s appellate courts.

Scott is broadly experienced in litigating and arbitrating significant contract disputes and business tort actions, and has represented a variety of buyers and sellers of real estate, commercial landlords and tenants, construction companies, manufacturers, technology companies, employees, employers, real estate brokers and securities firms and brokers. He also is experienced in litigating trusts, wills and other estate matters.

In addition to his litigation and business risk management practice, Scott serves clients with transactional needs, including real estate purchase and sale agreements, commercial leases, development and easement agreements, commercial construction contracts, research and development agreements, distribution agreements, employment agreements and covenants not to compete. He also prepares construction contracts for clients who are building high-end custom homes, e.g., where the cost of construction is more than $3,000,000, and advises them regarding the construction process, insurance coverage matters and liability concerns.

Scott joined Smith Anderson in September 2001 after practicing as a commercial litigator for nine years with a business law firm in Raleigh. Prior to becoming an attorney, he was an Emmy-award winning television photojournalist.

Recognition

• Benchmark Litigation, North Carolina Litigation Star (2015-2025)
• The Best Lawyers in America®
  • Commercial Litigation (2013-2025)
  • Litigation - Real Estate (2013-2025)
• North Carolina Pro Bono Honor Society
• North Carolina Super Lawyers (2014-2019)
• Martindale-Hubbell AV Rated (very high to preeminent)
• Supreme Court of North Carolina, Friend of the Court Award (2019)
• North Carolina Contract Law (Lexis, 2 vols., 2nd ed. 2021 & annual cumulative supplements)
• North Carolina Law Review, Board of Editors

Education

• University of North Carolina, J.D., 1992
• University of Missouri-Columbia, B.J., 1982
  • Kappa Tau Alpha

Bar & Court Admissions

• North Carolina Bar Association
• Litigation, Business Law and Construction Sections
• Member, Attorneys’ Fees Working Group (preparing proposed legislation for enforcement of contractual attorneys’ fees provisions)
• Member, Construction Section (preparing bar-approved form construction contracts)

• Wake County Bar Association
• Member, Hugh Morson Scholarship Committee

• Curator, North Carolina Museum of History exhibit, Law and Justice: The Supreme Court of North Carolina, 1819-2019 (exhibit ran November 2019 – April 2021)

• Board of Trustees, North Carolina Supreme Court Historical Society (2012-2018)

• Speaker and writer on topics regarding the American Revolution and early North Carolina history

• Obtained a multi-million-dollar international arbitration award for the breach of a contract for the sale of goods on behalf of a national food manufacturer who had outsourced production to an international vendor, and defeated the vendor’s multi-million-dollar counterclaim.
• Obtained an order of specific performance on behalf of a buyer compelling the seller to convey a tract of valuable commercial real estate located in downtown Raleigh, North Carolina.
• In a number of cases that settled at mediation, obtained title to land on behalf of clients who asserted claims for breach of contract, fraud, undue influence, lack of capacity and/or duress.
• Defeated a multi-million-dollar damages claim asserted against a seller of commercial real estate.
• Defeated a commercial tenant's tortious interference and unfair trade practice claims asserted against a shopping center landlord regarding a multi-million-dollar lease termination fee.
• Obtained a declaratory judgment on behalf of 18 insurance companies declaring that they were not liable on thousands of separate property damage claims.
• Obtained a reversal of a municipality’s decision denying a special use permit to a shopping center developer.
• Obtained a mandatory injunction on behalf of a national retailer compelling its developer to provide documents to a municipality so that the client could receive a certificate of occupancy and open its new store.

Selected Appellate Decisions

• Profile Investments No. 25, LLC v. Ammons East Corporation, 207 N.C. App. 232, 700 S.E.2d 232 (2010), disc. rev. denied, 365 N.C. 192, 707 S.E.2d 240 (2011)
• S.T. Wooten Corporation v. Board of Adjustment of the Town of Zebulon, 2011 N.C. App. LEXIS 632, 711 S.E.2d 158 (2011)
• Phoenix Limited Partnership of Raleigh v. Simpson, 201 N.C. App. 493, 688 S.E.2d 717 (2009)
• CIM Ins. Corp. v. Cascade Auto Glass, Inc., 190 N.C. App. 808, 660 S.E.2d 907, disc. rev. denied, 362 N.C. 679, 669 S.E.2d 744 (2008)
• Faircloth v. Scott Howell & Co., 161 N.C. App. 741, 590 S.E.2d 24 (2003).
• Nicholson v. American Safety Utility Corp., 346 N.C. 767, 488 S.E.2d 240 (1997)