February 26th, 2019

As the Marketing Vice-Chair and Young Lawyer Liaison for the DRI Construction Law Committee, I am looking forward to the 2019 Construction Law Seminar, which will be held at Caesars Palace in Las Vegas, Nevada, from April 10-12, 2019.   The Construction Law Committee has been hard at work putting together an incredibly dynamic array… Read More

February 20th, 2019

In Allwin v. Russ Cooper Associates, Inc., Op. No. 5617 (S.C. Ct. App. filed January 16, 2019), a construction defect action was filed against the architectural firm and contractor of a beachfront home on Kiawah Island twenty years after the completion of construction. On appeal, the South Carolina Court of Appeals found the statute of… Read More

December 20th, 2018

by Diana Coada Owners often turn to their homeowners association (HOA) boards for action regarding and protection against sex offenders.   As an HOA, you should:  NOT spread the known sex offender’s name and address. Ensure adequate security is provided on common areas (cameras at the pool, for example). Remind the homeowners that the HOA… Read More

August 13th, 2018

Recently, in a dispute between a contractor and subcontractor, the South Carolina Court of Appeals ruled that an indemnity clause cannot be construed to indemnify the indemnitee against losses resulting from its own negligent acts unless the intention is expressed in clear and unequivocal terms. In Concord & Cumberland Horizontal Prop. Regime v. Concord &… Read More

March 21st, 2018

I hope you have registered for this year’s DRI Construction Law Seminar at the Hilton Nashville Downtown from April 25-27, 2018. For those young lawyers planning to attend, please join us for the Young Lawyer’s Dinner on Wednesday, April 25, 2018, beginning at 7:30pm, at Southern Steak & Oyster, 150 3rd Avenue South STE 110… Read More

March 19th, 2018

On Thursday, March 15th, 2018, South Carolina Governor Henry McMaster signed legislation (S. 105) that imposes new burdens on groups challenging government-issued environmental permits and accelerates the timeline for resolution of such challenges.  The bill represents a radical change to the automatic stay system that developers and manufacturers argued placed an undue burden on new… Read More

January 17th, 2018

As a member of the Steering Committee and Young Lawyer Liaison for the DRI Construction Law Committee, I am looking forward to our upcoming seminar at the Hilton Nashville Downtown in Nashville, TN from April 25–27, 2018. This year’s informative and current “keynote” topic is “Building a Framework of Inclusion: Diversity in Construction,” which focuses… Read More

September 20th, 2017

By Josh Bennett As explained in previous posts in this series, through the use of expert witnesses, an entity involved in a blasting claim may assert the defense that the damage was caused by some non-blasting reason or pre-existed the blasting and the peak particle velocity of the blast was not at the level necessary… Read More

August 8th, 2017

By Josh Bennett The use of expert witnesses is very important in the defense of a blasting damage claim. The blasting contractor will likely need to retain more than one individual to act as an expert witness in the case. As we discussed in the last post of this series, one of those individuals will… Read More

August 4th, 2017

by Diana Coada Recently, one of my communities had an incident where police were called by a homeowner who caught another person take pictures of the homeowner in a bathing suit at the pool. Charges were not pressed, however. The explanation by the police (York County, SC) was that nothing could be done since the… Read More

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