Mark Twain famously wrote that the reports of his death were exaggerated. Following the South Carolina Supreme Court’s decision in Smith v. D.R. Horton, Inc. last month,[1] you may have heard arbitration is dead for South Carolina residential builders.
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CBCA Provides Guidance on the Meaning of the Implied “Good Faith” Requirement in Government Contracts
By Jenna McGee
Implied in every government contract is a requirement of “good faith and fair dealing” regardless of whether the written terms state such a requirement. Therefore, contractors should be careful to avoid conduct that the written terms of the contract may…
The South Carolina Supreme Court Enforces a Contractual Waiver of Punitive Damages
By Jenna McGee
We have all heard the saying that an ounce of prevention is worth a pound of cure. This holds true for litigation arising from construction projects where it is much easier and cheaper to avoid a large judgment through careful…
How to Avoid Financing State Projects, Also Known As Collecting Interest on Delayed Payments From the State of South Carolina
By Jenna McGee
Unless a contractor wants to finance public construction projects, a contractor on a State project wants to collect interest on any late payments the State of South Carolina owes. South Carolina’s Prompt Payment Act permits contractors to recover interest on…
The Ongoing Tension Over Class Actions and Statistical Evidence and the Significance for Residential Developers and Builders
By Jenna McGee
For developers and builders of single-family communities and multi-family housing, an increasingly common tactic is for plaintiffs’ counsel to assert a class action, a procedural device that allows one person to sue on behalf of related persons who are not…
South Carolina Office of the State Engineer Publishes Notice of Intent to Adopt 2015 ICC Codes for State Buildings
By Jenna McGee
The Office of the State Engineer proposed adopting the following building codes for state buildings which would take effect on July 1, 2016:
- International Building Code (IBC), 2015 Edition
- International Existing Building Code (IEBC), 2015 Edition
- International Fire Code (IFC),
…