Scott Hertz Attorney At Law

Litigating complex construction, commercial, and real estate disputes. Blending legal judgment with industry knowledge to achieve effective outcomes.

Scott Hertz represents businesses, associations, and individuals in state and federal courts, as well as before Southwest Florida government agencies. His practice spans construction lien and defect claims, payment disputes, commercial contract litigation, real property matters, business breakups, civil theft and fraud actions, and constitutional and §1983 claims. Scott has secured significant recoveries for clients, including six-figure settlements, fee awards, and collected judgments, and regularly drafts and files appellate briefs.

Scott frequently represents clients before city councils, planning and zoning boards, and licensing authorities on land use, permitting, and ordinance matters, and has played a leading role in crafting and lobbying for legislative changes affecting municipalities and the construction industry. He also advises clients on corporate governance, including the preparation of operating, membership, and purchase agreements, and litigates disputes arising from poorly structured or undocumented business relationships.

With current Florida licenses as both a general contractor and realtor, Scott brings a practical, industry-informed perspective to construction and development disputes. He effectively serves as a translator between developers, attorneys, architects, engineers, and construction professionals, and applies analytical and organizational skills developed through leading large-scale technology projects involving systems architecture, project management, and business process engineering. This blend of legal acumen, operational insight, and advocacy experience allows Scott to approach multifaceted disputes with clarity, efficiency, and a results-driven mindset.
 

• Notable Work
  • Secured a $704,524 final judgment on behalf of homeowners against a contractor for utilizing unlicensed subcontractors.
  • Recovered $226,936 for a general contractor in a dispute with an owner over unpaid contract balances for completed work.
  • Obtained a $154,671 judgment for a homeowner arising from a contractor’s fraudulent lien and failure to complete the project.
  • Successfully prosecuted a construction lien foreclosure, resulting in full payment to the contractor.
• Affiliations
  • Calusa Inn of Court
    • Barrister
  • Cape Coral Construction Industry Association
    • General Counsel
  • The Florida Bar
  • Lee County Bar Association
  • Lee County School Board
    • District Advisory Council, Chairperson, 2020-2023
  • Lee County School District
    • PreK-12 Education Pandemic Response Task Force, Chairperson, 2020-2021
  • Rotary Club of Cape Coral
  • Southwest Florida Federal Bar Association
• Credentials
  • J.D., Ave Maria School of Law, 2012
  • B.S., Florida International University, 1988
  • Florida Certified General Contractor, 2003
  • Florida Real Estate Sales Associate, 2002
• Admissions
  • Florida
  • U.S. District Court for the Southern, Middle, and Northern Districts of Florida