South Carolina Construction Law Blog
South Carolina Construction Law - Discussion of mechanic's liens, delay claims, coverage, and constr: Category Archive for Case Law Summary

Contract Modifications May Trigger Disruption Claims

Failure to Raise All Related Claims at Once May Preclude Parties from Bringing Any Remaining Claims Later

Exception to the Economic Loss Rule Extended to Commercial Construction

No Mechanic's Lien on Property for Which Materials Have Been Fabricated but Not Delivered

Homeowner's Refusal to Make One Payment in a Construction Installment Contract Constitutes a Substantial Breach of the Contract

“Opt-out” Class Action and Notification Procedure is the Exclusive Method of Class Action Litigation in South Carolina

Arbitration Clause Stricken for Unconscionability

What is Float Time, and Who Owns It?

Owner Who Builds His Own Home Offers No Implied Warranty of Workmalike Service nor Owes Duty of Care to Future Purchaser

SC Supreme Court Allows Low Bidder on Government Project to Increase Bid after Bid Opening

SC Courts Will Not Enforce Arbitration of Unforseen and Outrageous Torts

Developers Have a Fiduciary Duty to Property Owners Associations

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

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

BROAD “FLOW DOWN” CLAUSES CAN INCLUDE VENUE

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

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

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

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

Implied Warranties: How Simply Delivering Plans and Specifications, Agreeing to Supervise, and Offering Specialized Work Can Result in Liability.

Being Excused from Contractual Obligations: Unforeseen Hardship May Not Be Enough

Enforceability of Damages Clauses: Liquidated Damages are a Go, Penalties are a No.

Written Contracts are Not Always Required for Recovery

South Carolina Builders Beware: Any Violation of Building Codes or Industry Standards Can Result in Tort Liability!

Exceptions to the Enforceability of “No-Damage-for-Delay” Clauses Under SC Case Law

S.C. Supreme Court Case Holds that Delivery of Ceiling Tiles by Subcontractor Revived Expired Mechanic's Lien Rights and Held that Subcontractor was Entitled to Prejudgment Interest

About D. Ryan McCabe

I practice law with Rogers, Townsend and Thomas, PC in Columbia, South Carolina. I primarily practice in the areas of Construction Law, Community Association Law and Business Law. I am a former drywall, stucco, steel stud framing, and painting contractor. I was a USG Certified EIFS Contractor and currently hold a SC Residential Specialty Contractors license.

Contact D. Ryan McCabe

Rogers, Townsend and Thomas, PC Synergy Business Park 220 Executive Center Drive Suite 109 Columbia, South Carolina, 20210 P (803) 744-1826 M (803) 530-3084 F (803) 343-7017 rmccabe@rtt-law.com

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