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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...

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...

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...

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...

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...

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...