Byron L. Saintsing

Partner
bsaintsing@smithdebnamlaw.com
919.250.2118

Byron Saintsing leads a practice group whose attorneys concentrate in matters of construction law, commercial and business litigation, representation of equipment lessors, charter schools and education law, representations of landlords of commercial real estate, and commercial creditor bankruptcy.

Byron’s practice emphasizes effective and frequent client communication, as well as efficient and results-oriented representation. He has represented clients in the construction and heavy equipment leasing industries for more than 26 years in matters such as mechanics liens, bond claims, delay claims, warranty disputes, and numerous bankruptcy issues. He frequently assists creditors in workouts and restructurings, as well as receiverships and bankruptcies.

Byron has written and lectured on many topics pertaining to construction and equipment leasing, including editing materials on North Carolina’s adoption of Article 2A of the Uniform Commercial Code. He is admitted to practice in the State Courts of North Carolina, all three of its Federal Districts, and the United States Court of Appeals for the Fourth Circuit. He also regularly appears in Federal District Courts in other jurisdictions throughout the United States.

Byron served on the firm’s Executive Committee from 2001 – 2010. He also currently serves as Chair of the Executive Committee of the North America Business Law Institute of the International Society of Primerus Law Firms.

Admissions
  • North Carolina State Bar
  • U.S. District Courts for the Eastern, Middle, Western District of North Carolina
  • U.S. Court of Appeals for the Fourth Circuit
Education
  • J.D., with honors, University of North Carolina at Chapel Hill, 1988
  • B.A., cum laude, Wake Forest University, 1985
Professional Affiliations
  • North Carolina Bar Association; Treasurer, Construction Law Section, 2003; Construction Law Council Member, 1995-1998
  • Equipment Leasing Association; Member, Legal Forum Committee, 2003-2005
  • Primerus Law Society; Business Law Institute – Commercial Law, Business Law, Bankruptcy Law, Commercial Law, and Construction Law Groups; Chair – North America Business Law Institute
  • Turn Around Management Association
  • North Carolina Creditors Bar Association
Awards & Recognition Representative Cases
  • Syro Steel Company v. S.T. Wooten Construction Co., Inc. et al, unpublished North Carolina Court of Appeals Docket No. 926DC704 (September 21, 1993)
  • Bell Atlantic Tricon Leasing Corporation v. Johnnie’s Garbage Service, Inc. and Johnnie McBroom, 113 N.C. App 476, 439 S.E.2d 221, (1994), petition for disc rev. denied, 336 N.C. 314, 445 S.E.2d 392 (1994)
  • Bell Atlantic Tricon Leasing Corporation v. DRR, Inc., d/b/a Carolina Fleet Service and Maylon H. Fowler, Inc., 114 N.C. App. 771, 443 S.E.2d 374 (1994)
  • In re: The Alexander Scott Group, Ltd., 1996 U.S. Dist. Lexis 10121, (M.D.N.C. 1996)
  • Carolina Builders Corporation v. The Alexander Scott Group, Ltd., d/b/a Alexander Scott Homes, unpublished North Carolina Court of Appeals (No. COA96-442) March 4, 1997; discretionary rev. improvidently allowed 346 N.C. 276, 487
  • S.E.2d 539 (1997)
  • Miley A. Perry, et. al. v. Carolina Builders Corporation, et al, 128 N.C. App. 143, 493 S.E.2d 814 (1997)
  • Barclays Bank PLC, v. Johnson (North Carolina Court of Appeals – No. COA97-849 – 1998)
  • General Electric Capital Corp v. Marketing Research & Management, Inc., 31 Fed. Appx. 138; 2002 U.S. App. Lexis 4740 (4th Cir. 2002)
  • Conseco Finance Servicing Corporation v. Dependable Housing, Inc., N.C. Court of Appeals (No. COA01-870) (2002)
  • Martin Architectural Products, Inc. vs. Meridian Construction Company, et al 155 N.C. App. 176, 574 S.E.2d 189 (2002)
  • Finova Capital Corp. vs. Vitale, No. COA01-897 2002 N.C. App. Lexis 2145 (2002 unpublished)
  • Citicorp Vendor Finance, Inc., f/k/a Copelco Capital, Inc. vs. Fitness Plus of Burlington, Inc., d/b/a Powerhouse Gym, and Darrell G. Pendergraph, 2004 N.C.App. LEXIS 191 (2004)
  • Carolina Builders Corporation v. Velvet A. Brown, No. COA 04-1222 (2005 unpublished)
  • Finova Capital Corporation vs. Short’s Pharmacy, Inc. et al, 904 So.2d 57 (La. App. 2005)
Published Articles
  • Advanced Real Estate Law in North Carolina, National Business Institute, Inc., December 1996
  • Residential and Commercial Evictions, National Business Institute, Inc., October 1998
  • Effects of Bankruptcy Chapter, North Carolina Construction Law Deskbook, 2000 and 2003, 2010, and 2013 editions
  • Real Estate and Bankruptcy Chapter, published in the North Carolina Bankruptcy Practice Manual, 1995, 1998 and 2003, 2007, and 2012 editions
  • Outside Counsel: How to Effectively Utilize Them Once They Have Been Retained, 2004 Equipment Leasing and Finance Association Legal Forum
  • Norvergence: Isolated Incident or Growing Trend, 2005 – Equipment Leasing and Finance Association Legal Forum
  • Construction Industry – Pitfalls to Avoid, 2008 – Credit Management Association
  • The Future of Social Media – It’s Risks and Rewards, 2014 Equipment Leasing and Finance Association Annual Meeting
  • How Bankruptcy Affects Your Factoring Relationships – The Basics, 2015 – International Factoring AssociationWebinar
  • Landlords Beware – How to Deal with Tenant Bankruptcies in the United States, 2016 – Association of Corporate Counsel Webcast
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