Scott M. Tyler

Scott focuses his time—and his clients’ resources—on a strategic path to success by creating a road map for each case, from pleadings to motions, to discovery, and onto trial. He is prepared to seek a prompt but favorable compromise or to fight aggressively for his clients’ interests. He works thoughtfully with legal experts while considering a cost-benefit analysis for both tactical and strategic issues impacting each matter. Scott guides other attorneys using the same methodical, effective approach. Scott served as co-head of the Litigation group for nearly a decade and on the firm’s Management Committee.

Real Estate/Construction Litigation

Scott has substantial experience in real estate litigation, representing clients regarding buyer-seller agreements, commercial leases, easements, commission claims, and construction projects. Where significant commercial leases are involved, he has obtained favorable outcomes for not only landlords, but also for tenants, by seeking to ensure that lease terms are fully enforced consistent with party intent and applicable law.

Scott has also resolved multimillion-dollar commercial construction disputes before and after litigation has been filed. Representing owners, sureties, and contractors in cases involving storage and distribution facilities, corporate headquarters, manufacturing and industrial plants, hotels, and more, he has secured positive results in settlement, arbitration, on motions, and at trial.

Implementing his practical litigation experience, he also protects his clients’ interests before issues arise by negotiating and drafting construction contracts with an eye to successful project completion including efficient resolution of claims.

Commercial Litigation

Scott has successfully represented clients in numerous commercial contract disputes, including those regarding the sale of goods, supply contracts, transportation and logistics agreements, maintenance contracts, and other services agreements. He has the ability to separate superfluous issues from material ones, focusing instead on the most beneficial interpretation of the contract terms themselves. As a result, Scott has often prevailed in such cases through favorable settlements, dispositive motions, arbitration, and court and jury verdicts.

Financial Services Litigation

Scott has represented some of the largest  national banks as well as many regional and community financial services institutions in cases involving complex financial transactions that have gone awry. Working with special assets and workout groups and banking executives, he understands lenders’ unique challenges and devises strategies to resolve their disputes effectively. He has also represented banking executives named individually in such actions. Scott seeks and has obtained early dismissals of individual defendants through motion practice and otherwise, freeing them from further exposure and expense.

Business Court Litigation

Scott has extensive experience in the North Carolina Business Court, which was created to provide a forum for business-related disputes. Cases that may be designated “complex business cases” and assigned to the Business Court include disputes over trade secrets, information technology, corporate governance, securities, and significant commercial matters involving corporate entities. Drawing upon his knowledge of complex financial and business transactions, Scott is comfortable in this litigation environment. 

Representative Experience

The following examples are representative of the attorney’s practice and are not intended to indicate or predict similar results can be obtained for other clients. See Disclaimer 

• EarthKind, LLC v. The Lebermuth Company, Inc., et al. (W.D.N.C. 2021). Following week-long jury trial, obtained substantial settlement for client on claims and counterclaims in commercial business dispute

• Represented claimant in $270 million National Arbitration Forum proceeding regarding retail credit card fees and achieved a favorable settlement in advance of hearing
• Represented client in federal court action to recover damages from an industrial contractor who performed defective work on several significant projects.  The parties reached a beneficial settlement of the dispute.  Also led a group of plaintiffs pursuing similar claims, in negotiating and finalizing the settlement (Mountaire Farms Inc. v. Industrial Construction Experts, Inc., et al. (M.D.N.C. 2019)
• Monsanto Company v. ARE-108 Alexander Road LLC, 632 Fed. Appx. 733 (4th Cir. 2015).  Obtained summary judgment and damages for tenant in commercial lease dispute over rent abatement
• Taylor v. Bank of Granite, 2014 N.C. App. LEXIS 645 (2014). Obtained dismissal of all claims asserted by commercial borrower in lender liability dispute

Notable

• Best Lawyers in America, Commercial Litigation, 2013-2025; Litigation - Construction, 2019-2025; Construction Law, 2023-2025
• North Carolina Super Lawyers, General Litigation, 2006-2021; Business Litigation, 2022-2024
• Benchmark Litigation, "Future Star," 2010-2025
• Business North Carolina Legal Elite, 2004 - 2005, 2009; Construction Law, 2020, 2023-2024; Litigation, 2013-2014, 2017, 2019
• North Carolina Pro Bono Honor Society, 2018-2020
• Author, "Liquidating: Stipulated Damages for Delay in Public Construction Contracts,” 44 Duke L.J. 357, 1994
• Law Clerk to Honorable Thomas J. McAvoy, United States District Court, Northern District of New York, 1995-1996
• AV peer review rated, Martindale-Hubbell legal directory
• Chairman, Town of Matthews Transportation Board, 2003-2004
• Vice President and General Counsel, Charlotte Trolley, Inc., 2004-2008
• Board of Trustees, Charlotte Urban Ministry Center, 2015-present

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Affiliations

• North Carolina Bar Association