Category: Construction Law

Originally posted on July 16, 2013 by Ansley K-Con Building Sys., Inc. v. United States, 97 Fed. Cl. 14 (2011). K-Con, a design-build contractor, entered into three separate contracts with the United States Coast Guard for the design and construction of pre-fabricated metal buildings in three cities. As it relates to the Elizabeth City contract, K-Con brought suit seeking to convert its termination for […]
Originally posted on December 6, 2012 by Ryan The South Carolina Supreme Court held unconstitutional the retroactivity clause in S.C. Code Ann. Section 38-61-70, which was made effective on May 17, 2011. The Act defines “occurrence” in a commercial general liability policy as “an accident, including continuous or repeated exposure to substantially the same general […]
Originally posted on November 19, 2012 by Ansley In Richland Horizontal Prop. Regime Homeowners Ass’n, Inc. v. Sky Green Holdings, Inc., the Court of Appeals upheld the trial court’s ruling that an arbitration clause on a master deed was unenforceable. In this case, a developer created a horizontal property regime by master deed. The master […]
Originally posted on August 7, 2012 Ex Parte: Lipscomb v. Stonington Devel., No. 4961  Respondents/property owners filed suit against a developer for property damage caused by stormwater runoff. The circuit court judge issued an order granting a permanent injunction to the property owners, which enjoined the developer “from discharging sediment-laden stormwater onto [Respondents] property and […]
Originally posted on August 7, 2012 by Ryan Atlantic Coast Builders & Contractors, LLC v. Lewis, No. 27044. Atlantic entered into a commercial lease for property owned by Lewis.  After taking possession of the property and making improvements to it, Atlantic discovered that zoning restriction prohibited commercial use on the property. Atlantic continued possession of the […]
Originally posted on August 7, 2012 by Ryan Magnolia N. Prop. Owners Ass’n, Inc. v. HeritageComm. Inc., No. 4943. A property owners association (POA) filed suit for construction defects in a condominium complex. Appellants are three corporations: HCI (parent corporation), HMNI (seller) and Buildstar (general contractor).  HCI created separate corporations for every development it constructed […]
Originally posted on February 27, 2012 by Ryan Sheehan Constr. Co. v. Continental Casualty Co., 938 N.E. 2d 685 (Dec. 2010). A contractor failed to provide its CGL insurance company with notice of claims against it for over two years.  The underlying claims were based on construction defects by the contractor’s subs.  The insurance company refused […]
Originally posted on February 27, 2012 by Ryan The South Carolina Court of Appeals in Erie Ins. Co. v. Winter Constr. Co., 393 S.C. 455, 713 S.E.2d 318 (Ct. App. 2011), held that the administrative burden provision in a Subcontract was enforceable.  The provision provided: If SUBCONTRACTOR fails to cure an event of default within […]
Originally posted on February 22, 2012 by Ryan In 2010, the Department of Justice (DOJ) issued revised requirements for the Americans with Disabilities Act (ADA) regarding accessible swimming pools.  In light of these new regulations, many community associations have approached me with questions regarding their association’s compliance.  This article seeks to address those concerns and […]
Originally posted on February 13, 2012 by Ryan Here is a link with tips on how to be sure you are covered by your association’s Directors and Officers (D&O) insurance. This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice.  Seek a competent attorney for […]