Bryan G. Scott

Bryan G. Scott

Spilman Thomas & Battle, PLLC

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Latest Publications


Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry

Here we are. The rollercoaster 2016 election is ending. Millions of Americans have voted already. Polls show a close race heading into Election Day. As the last Americans go to the voting booth, we take a look back at what...more

11/8/2016 - Business Taxes Climate Change Construction Industry Federal Funding Hillary Clinton Immigration Procedures Income Taxes Infrastructure Minimum Wage Presidential Elections Small Business Trans-Pacific Partnership Trump Administration

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

11/7/2016 - Arbitration Blacklist Building Permits Construction Contracts Construction Industry Employer Liability Issues Federal Contractors Inspections Licenses Mechanics Lien Presidential Elections

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

6/30/2016 - American Arbitration Association Arbitration Arbitrators Case Consolidation Construction Contracts Construction Industry Document Productions Enforcement Authority Fast Track Process Joinder Mediation Preliminary Hearings Protective Orders Sanctions Witness Statements

It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth...more

12/22/2014 - Construction Defects Construction Disputes Construction Industry Contractors Equitable Estoppel General Contractors Statute of Repose Subcontractors

The Construct - December 2014

In This Issue: - Another Perspective: Constructing (and Eating) a Piece of the Energy Sector Pie - An Interview with Melvin Stroble, REM, Project Manager, Energy for Black & Veatch - Executive Order 13658...more

12/18/2014 - Construction Defects Construction Industry Energy Sector Equitable Estoppel Executive Orders Federal Contractors Minimum Wage

Enforcing Your Arbitration Agreement Just Became a Great Deal Easier

Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a...more

3/18/2014 - Arbitration Arbitration Agreements Unconscionable Contracts

The Construct - March 2014

In This Issue: - Green Law Corner: What LEED v4 Means for You - Deliberate Intent: Beyond Workers' Compensation and Into the Assets of Your Business - EPA Approves the New Phase I Standard -...more

3/18/2014 - Arbitration Arbitration Agreements Employer Liability Issues Entrepreneurs EPA LEED Certified LEED Rules

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

A version of this article was originally published in April 2013 and has now been updated. Effective April 1, 2013, project owners in North Carolina are now required to designate a Mechanic’s Lien Agent (MLA) for the...more

7/9/2013 - Lenders Lien Agents Liens Mechanics Lien Purchasers

The Construct - Your Guide to Law in the Construction Industry - June 2013

In This Issue: - Simplifying the Mechanic's Lien Agent Process: NC's New Online Clearinghouse - The Complexities of Mechanic's Liens in West Virginia - I Did The Work -- Where Is My Check? - So, You're Having...more

6/27/2013 - Construction Disputes Liens Mechanics Lien Notice Requirements

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more

3/29/2013 - Mechanics Lien Title Insurance

Shifting Winds? Two N.C. Courts Uphold Fiduciary Duty Claims Against Banks

For the first time ever, North Carolina’s Business Court and Court of Appeals both upheld fiduciary duty claims against banks in late 2012. Debtors frequently employ such claims in an attempt to shift liability for failed...more

3/13/2013 - Banks Creditors Debtors Fiduciary Duty

Community Banking Excellence - First Quarter 2013

In This Issue: - Conversation with a Community Banking Professional: Ginger Salt of First Community Bank - Are You Using Your Holding Company? - Shifting Winds? Two N.C. Courts Uphold Fiduciary Duty...more

3/8/2013 - Bank Holding Company CFPB Debt Collection FDCPA Fiduciary Duty Legal Costs

New N.C. Lien Laws Take Effect Next Week. Is Your Company Ready?

The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws. Governor Perdue signed SB 42 and HB 1052 into law this...more

12/28/2012 - Construction Contracts Lien Agents Mechanics Lien Notice Requirements Payment Bonds Statutory Requirements Subcontractors Waivers

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