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The South Carolina Construction Law Blog 

The Blog to discuss South Carolina Law on Mechanic's Liens, Delay Claims, Acceleration Claims, Lost Labor Productivity Claims, Construction Defect Claims, Construction Contracts and other issues involving Construction Law.
Post Frequency: 0.3/day Last Entry: January 13, 2011 at 20:16:00 Recent Entries: 112
Go to The South Carolina Construction Law Blog, find other Construction Law blogs, or browse all law blogs.
Court Rules That Termination For Convenience May Not Be Enforceable If It Is For "Convenience" of Bid Shopping
Posted on February 07, 2010A Maryland Court of Appeals in the case of Questar Builders, Inc. v. C.B. Flooring, LLC, 2009 MD.LEXIS627, considered the issue of whether private parties may terminate a contract for convenience whether a Termination for Convenience clause makes a contract voidable...
Contract Modifications May Trigger Disruption Claims
Posted on June 08, 2009A government agency hired a general contractor to construct a laboratory building. Bell BCI Co. v. United States, 81 Fed. Cl. 617 (2008). After nine months from the beginning of construction, the government asked that an additional floor be added to the building...
Failure to Raise All Related Claims at Once May Preclude Parties from Bringing Any Remaining Claims Later
Posted on May 19, 2009The legal doctrine of res judicata or claim preclusion precludes parties from bringing suit for claims they should have brought up in earlier suits...
Contractors, Remember to Perfect Your Mechanic's Lien to Stay Protected
Posted on May 13, 2009Section 29-5-10 of the South Carolina Code of Laws Annotated allows providers of labor or materials for the repair, alteration, or erection of a structure to file a lien either on the structure or on the owner's interest in the land on which the structure is located...
Exception to the Economic Loss Rule Extended to Commercial Construction
Posted on May 13, 2009The economic loss rule is a court-created doctrine that bars liability in tort where the only damages are injuries to the defective product itself: this means no personal injuries or damages to other property exist...
Wrongful Conduct Found Not Covered by Insurance Policy
Posted on May 06, 2009The City of Shawnee, Kansas, hired a contractor to perform work on a project. Utility lines ran throughout the job site. The bid solicitation documents indicated that the utility lines would be relocated not to interfere with the contractor's work...
U.S. Senate Expresses Concern over Chinese Drywall Issues
Posted on April 30, 2009On March 30, 2009, Florida senator, Bill Nelson, introduced to the Senate Bill S.Res.91. The bill is entitled: "A Resolution Calling on the Consumer Product Safety Commission, the Secretary of the Treasury, and the Secretary of Housing and Urban Development to Take Action on Issues Relating to Drywall Imported from China...
No-Damages-For-Delay Clause May Be Unenforceable
Posted on April 13, 2009Williams & Sons Erectors, Inc. v. South Carolina Steel Corp., 983 F.2d 1176 (2d Cir. 1993). The parties to a contract may choose how to share liability...
Short Contract Law Lesson
Posted on April 09, 2009Construction projects usually involve many parties, many tasks, and consequently many different agreements. Thus, understanding basic concepts of contract law is very important...
A Promise by E-Mail Must be Supported by Consideration
Posted on April 07, 2009Inland Constr. Co. v. Cameron Park II, Ltd., LLC, 640 S.E.2d 415 (2007). A contractor sued a corporation for money owed by the corporation under the terms of their construction contract...
When Does a Claim for Defective Work Arise?
Posted on April 06, 2009Lee v. Prof?l Constr. Servs., 982 So. 2d 837 (La. Ct. App. 2008). A Louisiana Court of Appeal barred a claim against an engineer because it was brought beyond the limitations of the statute of repose...
Commercial General Liability Insurance Carrier Did Not Cover Liability for Professional Services
Posted on March 20, 2009Wimberly Allison Tong & Goo, Inc. v. Travelers Prop. Casualty Co. of Am., 559 F. Supp. 2d 504 (D.C. N.J 2008). This case involved an architect who was sued by several parties who either sustained injuries or lost loved ones when a parking garage colapsed...
Obtain a Subcontractor's Proof of Insurance for Each Job
Posted on March 10, 2009In February, 2009, in Hardee v. McDowell, the South Carolina Supreme Court addressed a contractor's ability to shift liability under the South Carolina Uninsured Employer's Fund...
An Architect Could Enforce Copyrights Several Years after the Statute of Limitations Expired
Posted on March 10, 2009In Warren Freedenfeld Associates, Inc. v. McTigue et al., 531 F.3d 38 (1st Cir. 2008), the court of appeals reversed the trial court?s decision to dismiss an architect?s complaint because the period during which he could sue had expired...
Impact Claims Must Be Released Expressly
Posted on March 10, 2009The United States Court of Federal Claims allowed a contractor to recover losses suffered due to over 200 contract modifications by the defendant, a government entity called the National Institutes of Health (NIH)...
Scope of Contractors' General Liability Insurance
Posted on March 10, 2009Auto Owners Insurance Co. v. Newman, a 2008 case in the South Carolina Court of Appeals, involved a commercial general liability (CGL) insurance policy issued to a contractor. The subcontractor in the case installed stucco siding defectively, which allowed water to seep into the home and cause damage...
A Surety's Potential Liability
Posted on March 10, 2009RLI Ins. Co. v. Indian River School Dist., 556 F. Supp. 2d 356 (D. Del. 2008). A surety was found responsible for a contractor?s financial obligations resulting from overpayment by owner...
Employers, Keep in Mind Possible OSHA Inspections
Posted on February 24, 2009Employers should be prepared for a possible workplace inspection by the Occupational Safety and Health Administration (OSHA). An inspection may be conducted because of a complaint, fatality in the facility, a scheduled inspection, or a follow-up visit...
Contractors, Consider Upgrading Your License Over Risking Disciplinary Action
Posted on February 23, 2009In South Carolina, general and mechanical contractors have limitations on the amount of money a project they undertake may cost, unless the contractors qualify for the unlimited group...
A Contractor's Liability for Negligence
Posted on February 23, 2009Contractors may be held liable for their negligent performance of a contract. Under the economic loss rule, economic loss alone precludes punitive damages?additional damages to punish for wrongful conduct...
Zoning Considerations: Developers' Reliance on Representations by the County
Posted on February 19, 2009Quail Hill v. County of Richland, 379 S.C. 314 (Ct. App. 2008). Plaintiff bought property from the government in reliance on representations by County officers and staff regarding zoning...
A Lis Pendends, Without More, Will Not Provide Notice of Interest on Property!!!!
Posted on February 13, 2009In its recent opinion, Horry County v. Ray, the South Carolina Court of Appeals held that a county's lis pendens alone did not give notice to a mortgagee of the county's interest on property...
The New South Carolina Illegal Immigration Reform Act!
Posted on February 11, 2009While traditionally a federal issue, numerous states have taken the immigration matter in their own hands. South Carolina has recently adopted the Illegal Immigration Reform Act (?the Act?)...
Rights under the False Claims Act
Posted on February 10, 2009Allison Engine Co. v. United States, 128 S.C. 2123 (2008) This appeal involved a claim under the False Claims Act (FCA)...
Trust Fund Statutes
Posted on February 09, 2009Officers of a closely-held construction company usually first pay debts for which shareholders may be found personally liable such as employment taxes or personally guaranteed debts...
A Contractor Must Pay a Subcontractor All Undisputed Amounts Due
Posted on February 06, 2009A contractor did not meet the requirements of the Texas Prompt Payment Act when the contractor wrongly withheld undisputed amounts owed to the subcontractor. ARCO Construction Company, Inc...
Residential Property Disclosure Statement
Posted on February 05, 2009McLaughlin v. Williams, 379 S.C. 451 (Ct. App. 2008). A purchaser could not bring a claim for fraud and negligent misrepresentation when the purchaser had notice of the defects from the inspection reports...
Attorney's Fees in a Mechanic's Lien Action
Posted on February 04, 2009The South Carolina Court of Appeals affirmed the lower court's ruling of limiting awarded fees and costs to the amount of the mechanic's lien. Mozingo & Wallace Architects, L...
Subcontractors, Be Prepared to Deal with Your Contractor's Bankruptcy - Know Your Rights, but Also Your Obligations!
Posted on February 03, 2009As a subcontractor, you should understand the challenges that come with a contractor?s bankruptcy. Authors Jay Clark and Larry Longsdon discussed the many issues to consider when a contractor files bankruptcy in The Contractor's Compass journal...
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Well I hold a lease agreement with a long time friend of mine he is the main lease holder but I am on the lease I have never been late on any rent or utilities I am very clean and mostly keep to my self but if soemthing
as long as your name is on the lease and youve done nothing illegal, you dont ha...
Does anyone know why EVERYTHING is going condo all-of-a-sudden? All of the apartment complexes around here (Sarasota, FL) are going condo within a couple of months of each other and people like me who don't want to own (
For all intents and purposes, home ownership should be everyone's goal. As hard ...
My building is having construction to expand the pizza shop I live over, they work until 3:00am making noise I have 2 young children. I don't want to live above a restaurant its too noisy.
Most leases will stipulate the terms under which the lease can be terminated. Al...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....

Well I hold a lease agreement with a long time friend of mine he is the main lease holder but I am on the lease I have never been late on any rent or utilities I am very clean and mostly keep to my self but if soemthing
as long as your name is on the lease and youve done nothing illegal, you dont ha...
Does anyone know why EVERYTHING is going condo all-of-a-sudden? All of the apartment complexes around here (Sarasota, FL) are going condo within a couple of months of each other and people like me who don't want to own (
For all intents and purposes, home ownership should be everyone's goal. As hard ...
My building is having construction to expand the pizza shop I live over, they work until 3:00am making noise I have 2 young children. I don't want to live above a restaurant its too noisy.
Most leases will stipulate the terms under which the lease can be terminated. Al...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....








