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Construction Law

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.

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Last Entry: January 13, 2011 at 20:16:00

S.C. Supreme Court Rules that a Mechanic?s Lien Does Not Attach to Land When the only Work Done was Work to Prepare the Land for Landscaping

Posted on September 04, 2007
In order to file a mechanic?s lien, the party seeking the lien must have performed work in the "erection, alteration, or repair of a building or structure." S.C. Code Ann. §29-5-10(a). Section 29-5-10(a) further provides that "labor performed or furnished in the erection, alteration, or repair of any building or structure upon real estate includes the ...

SC Supreme Court Rules that Posting a Bond Does Not Affect the Time Deadline in which a Party Must Commence a Suit to Enforce a Mechanic?s Lien

Posted on August 21, 2007
After filing a mechanic?s lien, a party has six months to commence a suit to enforce the lien. See S.C. Code Ann. § 29-5-120. Failure to enforce a lien within the six month statutory period deprives the party of the remedies available under the mechanic?s lien statutes...

SC DHEC's Free Small Business Assistance Program

Posted on July 10, 2007
South Carolina Department of Health and Environmental Control (SC DHEC) offers a free nonregulatory service that helps small business determine what regulations apply and help small businesses comply with state and federal law. Take advantage of this free service and eliminate costly legal fees! Here is the website...

BROAD ?FLOW DOWN? CLAUSES CAN INCLUDE VENUE

Posted on July 10, 2007
In a recent federal court decision, Dynamic Drywall, Inc. v. Walton Construction Company, US District Court for the District of Kansas, No. NO06-280-JTM, January 18, 2007, the court held that a subcontract that incorporated a contract between the owner and general contractor determined venue...

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SC Court of Appeals: Recent Clarification on Who is a "Prevailing Party? Under a Mechanic's Lien Claim

Posted on June 29, 2007
The South Carolina Court of Appeals recently decided a case that clarified who a "prevailing party" is under the mechanic?s lien statute. The Court held that if a party offers a successful defense against a mechanic?s lien based on the other party?s failure to comply with statutory time limits on enforcing the lien, then the former is the "prevailing party...

Failure to Follow Claims Presentation Procedures in Contract Can Be Fatal to Claim

Posted on June 19, 2007
In Woodburn Construction Company v. EnCon Pacific (US District Court for the Western District of Washington No. C05-5811fdb, January 17, 2007), the court held that a subcontractor's failure to timely present claims against a general contractor pursuant to the terms of a written subcontract constituted waiver...

How to Take Offensive Action When a Mechanic?s Lien is Filed Against Your Property

Posted on June 19, 2007
Under South Carolina law, any person who is owed money for providing labor, materials, or service actually used in building, repairing, or altering a building may file a mechanic?s lien against the property where the building is located...

SC Courts: Contractors and Subcontractors can Sue Design Professionals for Economic Losses Resulting from Professional Negligence

Posted on June 12, 2007
In South Carolina, contractors and subcontractors can sue design professionals for economic losses resulting from professional negligence. See Tommy L. Griffin Plumbing & Heating Co. v. Jordan, Jones & Goulding, Inc., 320 S.C. 49, 57, 463 S...

Construction Material Prices Likely to Continue to Climb Over Coming Months

Posted on April 20, 2007
Beware of price escalation of materials! Jeff Taylor, Chief Economist for the Associated Builders and Contractors, has warned members of his organization that prices for construction materials are likely to continue to rise during the coming months...

US Department of Labor: 56,000 Construction Jobs Created in March 2007

Posted on April 20, 2007
The US Department of Labor's Bureau of Labor Statistics reported on April 6, 2007, that construction jobs increased by 56,000 in March. The Bureau of Labor Statistics also reported that 61,000 construction jobs were lost in February most likely caused by "unusually adverse weather...

Common Myths About South Carolina Mechanic's Liens

Posted on March 29, 2007
This article was written by R. Bryan Barnes, a fellow shareholder in my firm. Mechanic?s liens are creatures of statute. As a result, they are at various times tricky and misunderstood. The misunderstandings have given rise to many myths...

U.S. Fourth Circuit Court of Appeals: Unpaid Subcontractors Have No Absolute Right to Interpleaded Funds Owed to a Contractor in Bankruptcy on Government Projects

Posted on February 24, 2007
The U.S. Fourth Circuit Court of Appeals held in In Re: Baltimore Industries, Incorporated, that unpaid subcontractors do not have an absolute right to interpleaded funds (funds were deposited into court to determine who was entitled to the remaining funds) when a government contractor has filed a petition for bankruptcy...

Contractors and Subcontractors Must Obtain Certificate of Workers' Compensation Insurance From Their Subcontractors Before EACH Project or Else Face Additional Exposure

Posted on February 21, 2007
A recent South Carolina case demonstrates the importance of contractors and subcontractors obtaining a certificate of workers? compensation coverage for EACH subcontractor before EACH new project, regardless of whether they have an ongoing relationship with the subcontractor...

OSHA Issues Updated Electrical Installation Standard

Posted on February 20, 2007
On February 14, 2007, the U.S. Department of Labor?s Occupational Safety and Health Administration (OSHA) issued a final rule for its updated electrical installation standard. This is the first significant change in approximately 25 years. The updated standard includes a new alternative method for classifying and installing equipment in Class 1 hazardous locations, new requirements for ground-fault circuit interrupters and new provisions on wiring for carnivals and similar installations...

First Lien on Funds Rule; Subcontractors, Laborers, and Material Suppliers May Place a Lien on a Contractor's Funds

Posted on February 19, 2007
S.C. Code Ann. § 29-7-10 establishes certain rules regarding general contractors? payments to laborers (including private security guards), subcontractors, and materialmen. Once the general contractor receives a payment from the property owner, the general contractor must pay all his laborers, subcontractors, and materialmen for their work on that particular job from the money he has just received...

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