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Scott M. Mackey — Partner

Areas of Practice

Scott M. Mackey is a Partner of Berding|Weil joining in 2015 as a trial attorney and member of the litigation department. Mr. Mackey has repeatedly been recognized as one of the top attorneys in California. Mr. Mackey is focused on representing real estate clients, including common interest developments, multi-family residential projects, commercial projects, movie theaters, hotels, department stores, infrastructure, public works, schools (K-12 and universities), and homeowner associations in complex construction related, mass tort, personal injury, contract dispute, and class action lawsuits throughout the state of California.

Mr. Mackey has over sixteen years of experience and his background, in both Federal and State Courts, encompass complex real estate matters where he has tried, arbitrated, or settled more than 200 cases related to improper construction, professional negligence, delay and disruption, product liability, contractual disputes, insurance coverage, construction site accident/personal injury claims, and disputes involving inverse condemnation, boundary disputes, failure to disclose, and claims for partition. Mr. Mackey’s experience provides him with the ability to advocate for his clients by assessing the strengths of a case from both sides to ensure his clients’ interests are protected.

Legal History

Prior to joining Berding & Weil, Mr. Mackey practiced as a defense attorney where he worked for one of the largest law firms in the Country representing builders, developers, contractors, and product manufacturers in litigation and transactional matters. Mr. Mackey specialized in handling a broad array of transactions and dispute resolution matters, including initial drafting, preparation, review and negotiation of contracts, delay and disruption claims, negotiation of restructuring agreements, multiparty construction issues, environmental contamination (illegal dumping), product liability, geotechnical claims, errors & omissions/professional negligence, insurance, and risk management.

Educational History

Mr. Mackey received his Juris Doctor from the University of Pacific, McGeorge School of Law in 2002. Mr. Mackey received his Bachelor of Science in Criminal Justice with an emphasis in Law Enforcement Management and Investigation from California State University of Sacramento in 1999.

Special Interest Groups

Mr. Mackey frequently participates in Board Member education seminars and new homeowner orientation seminars. He is affiliated with the Executive Counsel of Homeowners (ECHO), Community Associations Institute (CAI), California Association of Community Managers (CACM), as well as an active member in the Consumer Attorneys of California.

Mr. Mackey is also actively involved in assisting low-income Contra Costa County residents gain the skills and confidence to get and keep jobs that support themselves and their families.

Professional Memberships and Activities

  • State Bar of California, 2002
  • U.S. District Court, Eastern District of California, 2002
  • U.S. District Court, Central District of California, 2018
  • U.S. District Court, Southern District of California, 2018
  • United States Supreme Court, 2018


  • American Institute of Legal Advocates, Civil Litigation Elite Advocate, 2020
  • Top 100 Attorneys in Real Estate Law by The American Academy of Attorneys, 2020
  • Lawyers of Distinction (Recognizing Excellence in Real Estate), 2019-2023