South Carolina Construction Lawyer


The Road to Hell is Paved With Good Intentions: Brad Pitt and the Make It Right Foundation

Brad Pitt is in the news once again. This time, however, Pitt is seeing headlines in architectural and building materials journals as a result of litigation which has spawned from his Make it Right Foundation’s efforts in the Ninth Ward post Hurricane Katrina. Make it Right was recently named in class action allegations made by beneficiaries of a sustainable project hyped as a renewal for storm ravaged New Orleans. This project was one of several high profile Katrina related endeavors. Construction began in 2008, working toward replacing portions of lost housing with 150 avant-garde dwellings. The residences were touted as storm-safe, solar-powered, highly insulated, and “green.” The homes were available at an average price of $150,000 to residents who received resettlement financing, government grants and donations from the foundation itself. Pitt has publicly spoken about the pride he feels with regard to the project. It can not be suggested that his motivations were anything less..


Alabama Amends Home Builders Licensing

Alabama lawmakers have amended provisions of the Home Builders Licensure Board Act (the “HBLB Act”) The legislature amended the definitions to now include the term “Improvements.” An Improvement is defined as “[a]ny site –built addition or enhancement attached to or detached from a residence or structure for use and enjoyment of a homeowner.” This definition is broadly drafted to cover more projects, yet retains the minimum contract amount of $10,000.00 per project. The roofing industry will be impacted most, however. Any and all residential roofing projects are subject to the licensure requirements and oversight of the Board. Further, unlike home improvement or new build projects, the threshold for licensure is for any project in excess of $2,500.00.


Mississippi Supreme Court Rules that Daughter is Not Compelled to Arbitration with her Contracting Parents in Construction Defect Case

The Mississippi Supreme Court ruled that a homeowner’s daughter was not party to, nor an intended beneficiary of a contract with a foundation contractor such that her claims were not subject to arbitration. The court ruled that she was not compelled to arbitrate and that her claims were ripe for adjudication in Perry County. On June 10, 2013, Phillip Moore contracted with Olshan for repairs to the foundation of the home he shared with his wife, Gloria Moore, and his adult daughter, Katelyn Moore. Three years later, the entire family – Mom, Dad, and Daughter – sued Olshan for economic related damages arising from the foundation. The lawsuit was segregated in that contract damages were sought by Phillip and Gloria only, while their daughter sought damages in tort for emotional distress. The parties successfully moved to compel arbitration with the exception of those claims made by Katelyn, as she was not a party to the contract or third-party beneficiary. Finding that Katelyn Moore was..


Proposed South Carolina Legislation Might Limit Residential Specialty Contractors

The South Carolina legislature is considering legislation that will affect residential builders and specialty contractors. The text with proposed changes below SECTION 2. Section 40-59-20(7) of the 1976 Code is amended to read: “(7) ‘Residential specialty contractor’ means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. A residential specialty contractor is not authorized to construct additions to residential buildings or structures without supervision by a residential builder or other appropriately licensed person or entity. Residential specialty contracting includes the following areas of contracting an..


Duty to Defend Triggered in Florida

Court rules that insurers must treat notice of claim for construction defects as a lawsuit for purposes of duty to defend. A pre suit letter is deemed to be a “suit” or “suit papers” in a policy. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) Florida has issued a controversial and sweeping ruling which will impact insurers in the construction defect arena. “w]here an insurer issued a commercial general liability policy to a general contractor, the property owner’s notices of claim invoked the insurer’s duty to defend the contractor under the policy because the notice and repair pre-suit process of ch. 558, Fla. Stat., was an ‘alternative dispute resolution proceeding’ under the policy’s definition of ‘suit.’” Id. Altman Contrs., Inc. v. Crum & Forster Specialty Ins. Co., No. SC16-1420, 2017 Fla. LEXIS 2492 (Dec. 14, 2017) The notice which triggered the duty to defend in Altman was Florida’s 558 Notice which is similar to South Carolina’s Notice and Oppo..


Brand new homes come with defective floors and now homeowners worry about the future in Florida

Hillsborough County families wonder what the future holds when it comes to their newly built homes. They say there is a major defect and a well-known builder isn’t returning their calls. The… — Read on www.abcactionnews.com/money/consumer/taking-action-for-you/brand-new-homes-come-with-defective-floors-and-now-homeowners-worry-about-the-future


Before Collapse, Bridge Builders Dismissed Concerns About Cracks | 2018-03-18 | ENR

Each day brings another detail about how what was intended to be a charming, $14-million pedestrian bridge at Florida International University near Miami took only seconds to become a national tragedy. The partly completed structure’s sudden, catastrophic collapse at 1:47 p.m. on March 15 killed five motorists and one project worker. Robert L. Sumwalt, chairman of the National Transportation Safety Board, which is conducting one of several investigations, said the design-build contractor’s handling of risks—including those associated with continuing construction over live traffic—will be a focus . . . — Read on www.enr.com/articles/44160-before-collapse-bridge-builders-dismissed-concerns-about-cracks



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