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."

Author: D. Ryan McCabe is a lawyer with Rogers, Townsend & Thomas in Columbia, S.C.

Blawg Related Categories: Real Estate & Property Law • States • South Carolina • Legal Information • Construction Law

Recent Posts from The South Carolina Construction Law Blog

Not Incorporated? Consider Forming a Limited Liaility Company
S.C. law permits the creation of a Limited Liability Company (LLC). LLCs allow member(s) to be taxed like a sole proprietorship or partnership. LLCs provide limited liability as corporations do - members or managers of…
Homeowner's Refusal to Make One Payment in a Construction Installment Contract Constitutes a Substantial Breach of the Contract
The South Carolina Court of Appeals recently decided that a homeowner's refusal to make an installment under construction contract constituted a substantial breach of the contract. See Silver v. Aabstract Pools, 376 S.C. 585, 658…
Rules Established by the FAA for Vacating, Modifying, or Correcting Arbitration Awards Are the Exclusive Grounds for Modifying an Arbitration Award and Cannot be Modified by the Parties
The case Hall Street Assocs., LLC v. Mattel, Inc., 128 S.Ct 1396 (2008), arose from a dispute concerning the responsibility for clean-up of a manufacturing site when excessive levels of pollutants were found in the property’s…
“Opt-out” Class Action and Notification Procedure is the Exclusive Method of Class Action Litigation in South Carolina
In a recent decision, the S.C. Supreme Courtheld that the“Opt-out” class action and notification procedure is the exclusive method of lass action litigation in South Carolina. See Salmonsen v. CGD, Inc., 377 S.C. 442, 661…
Proper Measure of Damages For a Claim Against Title Insurance for Newly Discovered Encumbrance is the Difference Between the Value of the Entire Tract While Encumbered and the Value of the Entire Tract Without Encumbrances.
In a recent case before the S.C. Supreme Court, Stanley v. Atlantic Title Ins. Co., 377 S.C. 405, 661 S.E.2d 62 (2008) a landowner purchased lakefront property, a portion of which, unbeknownst to the purchaser and…
Arbitration Clause Stricken for Unconscionability
In the case of Simpson v. MSA of Myrtle Beach, Inc., 644 S.E.2d 663 (S.C. 2007), an issue over the validity of the arbitration clause arose. The additional terms and agreements section of a consumer…
Award of Statutory Attorney’s Fees Disallowed in the Absence of a Formal Fee Agreement
In the case of Williamson v. Middleton, an employee and employer came to an agreement that the employer owed the employee $906.62 in back commission at the time of the employee’s departure from the employer’s…
What is Float Time, and Who Owns It?
Float Time is the period in Critical Path Method scheduling that allows the contractor to an excusable delay when the original contract schedule allows more than enough time to perform the work. In other words,…
“Or Equal” or Not
This article was contributed by R. Bryan Barnes of my law firm. Bid specifications frequently contain the identification of a product to be provided by the bidder but, then allow an "or equal". Bidders who receive…
Basis for Liens and Assessments Under the S.C. Horizontal Property Act
Liens for non-payment of assessments to a community association can arise under two different situations. First, the S.C. Horizontal Property Act provides a statutory basis for the creation of liens in the case of condominiums…