June 3rd, 2016

I am just returning from the 2016 DRI Construction Law Seminar in New Orleans. Besides the fantastic food (beignets, anyone?) and spending time with my fellow construction lawyers, I was treated to some great CLE sessions. One such session featured Walter K. McDonough of ELK Consulting Services LLC who spoke about construction contracts from the… Read More

April 27th, 2016

In recent years, there has been an ever increasing number of property damage lawsuits filed against those industries who use explosives (Ludwiczak, n.d.). These claims for blasting damages are mainly against the mining, construction, and quarry operations throughout the United States (Ludwiczak, n.d.). Blasting claims usually arise in a similar manner. When owners become aware… Read More

February 29th, 2016

  HARLEY-DAVIDSON MOTOR COMPANY v. SPRINGETTSBURY TOWNSHIP, Pa: Supreme Court, Middle Dist. 2015 – Google Scholar. While preparing for a presentation on “stigma” damages based on environmental contamination, I came across a tax assessment case (linked above) from Pennsylvania where the Supreme Court accepted a “standard” 5% reduction in property value for environmental contamination. A… Read More

February 9th, 2016

An emerging source of claims focuses on blasting as part of construction projects. Earlier this week in Las Vegas, the International Society of Explosive Engineers held its 42nd Annual Conference on Explosives and Blasting Technique, the world’s largest conference on explosives engineering. I was delighted to present my paper entitled “Blasting Claims 101: An Introduction… Read More

February 9th, 2016

SEAHAWK LIQUIDATING TRUST v. CERTAIN UNDERWRITERS AT LLOYDS LONDON | FindLaw. It was a dark and stormy night… Two of them, actually. South Carolina has its share of roller-coaster law on the definition of “occurrence” for purposes of insurance coverage (mainly in construction defect cases), but the recent Fifth Circuit case regarding damages to an… Read More

January 14th, 2016

Unlike North Carolina, where daily fines for violations of the covenants are capped at $100, South Carolina does not have a similar statutory limitation. It does not have a Planned Community Act. What it does have—the Horizontal Property Act—is silent on fines. While in North Carolina homeowners’ associations may impose fines (upon notice and opportunity… Read More

December 8th, 2015

On December 2, 2015, the South Carolina Supreme Court issued an opinion in Lawing v. Trinity Mfg., Inc., which addressed the adoption of the sophisticated user defense in South Carolina. In Lawing, a product liability action, pallets of sodium bromate stored at a plant erupted into a ball of fire that engulfed the plaintiffs as… Read More

October 19th, 2015

As we continue our series on indemnification law, we now come to the favorite part of anyone seeking to be indemnified—recovery. Going back to our running scenario, if you recall, a general contractor has been sued by an owner alleging that the air conditioning unit in the attic was not installed correctly, has leaked, and… Read More

October 12th, 2015

From flood-damaged cars to phony charities and phone scams, beware flood-related fraud – Post and Courier. In my other post this week, I’ve warned about the wave of claims and litigation that will follow the storm damage in the Carolinas. Another “wave” will be the scammers and con artists descending literally and virtually upon the… Read More

October 12th, 2015

Fortunately, despite being a perennial target every hurricane season, South Carolina rarely experiences extreme weather events, but the recent deluge has reset the bar for “extreme.” Over 20 inches of rain fell in many areas of the state, causing massive flooding and multiple dam collapses which have destroyed homes, businesses, roads, and bridges, At least… Read More

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