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.
Areas of Focus
- Benchmark Litigation, North Carolina Litigation Star (2015-2024)
- Best Lawyers®
- Commercial Litigation (2013-2024)
- Litigation - Real Estate (2013-2024)
- 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
- University of North Carolina, J.D., 1992
- University of Missouri-Columbia, B.J., 1982
- Kappa Tau Alpha
Bar & Court Admissions
- North Carolina
- U.S. District Court for the District of North Carolina
- 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)
- RecognitionBenchmark Litigation Ranks Smith Anderson “Highly Recommended” and Honors 15 Litigation and Labor and Employment Attorneys
- NewsSmith Anderson Achieves All Time Highs for Attorneys Recognized by Best Lawyers® in Three Categories
- AlertWinning the Race to Record: Protecting Rights in Real Estate
- Benchmark Litigation Ranks Smith Anderson “Highly Recommended” and Honors 15 Litigation and Labor and Employment AttorneysBenchmark LitigationRecognition
- Smith Anderson Achieves All Time Highs for Attorneys Recognized by Best Lawyers® in Three CategoriesBest Lawyers®News
- Smith Anderson “Highly Regarded” in Benchmark Litigation and Labor and Employment Rankings – 15 Attorneys HonoredBenchmark LitigationRecognition
- Best Lawyers® and Best Lawyers: Ones to Watch Recognizes 98 Smith Anderson Attorneys in Latest PublicationBest Lawyers®Recognition
- Smith Anderson Adds a Future Litigation Star to Its 2022 Benchmark Litigation Rankings with Eleven Attorneys HonoredBenchmark Litigation
- Hitting a New Milestone - 100 Members of Smith Anderson’s Legal Team Recognized by Best Lawyers® and Best Lawyers: Ones to WatchBest Lawyers
- Twenty Years in the Making: Smith Anderson Attorney Scott Miskimon Publishes New Edition of Treatise on North Carolina Contract LawAlert
- Triangle Business Journal
- Benchmark Litigation
- 2021 Best Lawyers® and The Best Lawyers: Ones to Watch Recognize Largest Group of Smith Anderson Lawyers in Firm’s HistoryThe 2021 Best Lawyers®
- Published by ABC11 WTVD | Capitol Broadcasting Company (WRAL) | The News & Observer | NCBA - North Carolina Lawyer
- Benchmark Litigation Honors Smith Anderson’s Litigation and Employment Litigation Groups and 12 LawyersBenchmark Litigation
- Smith Anderson Leads “Best Lawyers®” Rankings with 71 Recognized Lawyers and 11 “Lawyers of the Year” - Most of Any Raleigh Law FirmThe Best Lawyers in America©
- North Carolina Super Lawyers Recognizes Forty Smith Anderson Lawyers as Super Lawyers and Rising Stars in 2019Super Lawyers
- Benchmark Litigation
- The Best Lawyers in America©
- 2018 North Carolina Super Lawyers Recognizes Forty-three Smith Anderson Lawyers as Super Lawyers and Rising StarsSuper Lawyers
- Benchmark Litigation
- The Best Lawyers in America©
- Super LawyersAlert
- 2017 The Best Lawyers in America® Guide Recognizes 62 Smith Anderson Lawyers – Most in the Firm’s HistoryAlert
- 2016 The Best Lawyers in America® Guide Lists 60 Smith Anderson Lawyers – Most in the Firm’s HistoryAlert
- North Carolina Contract Law
- Smith Anderson Announces 49 of its Firm Lawyers are Named a “Best Lawyer” by The Best Lawyers in America® 2013
- Scott Miskimon, Wayne Maiorano and Toby Coleman Author Article in the North Carolina Bar Association’s Change Order Publication
- Scott Miskimon Authors Article Entitled “Recovering Attorneys’ Fees: A New Day Dawns in North Carolina”
- Scott Miskimon Gives Keynote Address to the North Carolina Supreme Court Historical Society; James K. Dorsett Completes Service as Society President
- The Association for Corporate Counsel Presents Program - Commercial Contracting: Top 10 Landmines for Litigation
Publications & Alerts
- Published by North Carolina Lawyers WeeklyPublication
- Published by LexisNexisPublication
- Published by The News & ObserverPublication
- Published by Capitol Broadcasting CompanyPublication
- The Litigator, Published by the Litigation Section of the North Carolina Bar Association ~ Section Vol. 36, No. 3
- The Litigator, Published by the Litigation Section of the North Carolina Bar Association ~ Section Vol. 36, No. 2
- Federal Appeals Court Emphasizes the Importance of Enforcing Contractual Limitations on Consequential Damages
- Commercial Leasing Law & Strategy, Volume 26, Number 4October 2013
Events & Programming
- Speaker, Hot Topics in Business Dispute Litigation, Continuing Legal Education presentation to the North Carolina Bar Association 2016 Antitrust & Complex Business Disputes Law Section Annual Meeting, February 11, 2016
- Speaker, Commercial Contracting: Landmines, Pitfalls and Risk Management, presentation to the Triangle Chapter of the Institute of Supply Management, January 8, 2013
- Speaker, Hot Topics in Contract Litigation, Continuing Legal Education presentation to the North Carolina Bar Association Litigation Section Annual Meeting, June 21, 2012
- Speaker, Summary Judgment and Contract Litigation: The Why, When and How, Continuing Legal Education presentation, May 30, 2012
- Speaker, North Carolina Lawyers and the American Revolution, 20th Annual Meeting of the North Carolina Supreme Court Historical Society, October 27, 2011
- Speaker, Commercial Contracting: Top Ten Landmines for Litigation, Continuing Legal Education presentation to the Triangle Chapter of the Association of Corporate Counsel, September 21, 2011
- Speaker, North Carolina Lawyers and the American Revolution, Continuing Legal Education presentation at the University of North Carolina’s annual Festival of Legal Learning, William Friday Center, February 11, 2011
- Speaker, Contracts, Continuing Legal Education presentation to the NCBA’s Practical Skills Workshop, NC Bar Center, September 21, 2006