News & Events

May 18th, 2015

In our last post in this series, we looked at the form of indemnification available when there is no contract between the parties—equitable indemnification. However, there are two requirements that the party seeking indemnification must remember: (1) The party seeking indemnification must be “without fault” and (2) There must be a “special relationship” between the… Read More

May 18th, 2015

COLUMBIA, SC – Rogers Townsend & Thomas, PC, is pleased to announce that attorney  T. McRoy “Roy” Shelley III, a shareholder in the Firm’s Columbia office, was named Law-Related Education (LRE) Lawyer of the Year by the South Carolina Bar. The award is presented annually to a member of the South Carolina Bar who has:… Read More

May 15th, 2015

The ‘living concrete’ that can heal itself – The construction industry is nothing if not innovative. Dutch researchers have found a way to mix bacteria into concrete in order to repair cracks. The bacteria remain  dormant until water (entering through a crack) dissolve a plastic encapsulation, whereupon the bacteria grow and consume a calcium… Read More

May 12th, 2015

SMITH v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY – FindLaw. In a March 31, 2015 opinion, the Georgia Court of Appeals held that an absolute pollution exclusion provision in a CGL policy did not exclude coverage for alleged damages from lead-based paint. The Court’s analysis was based on the premise that “[p]olicies of insurance will… Read More

April 13th, 2015

I write this blog in response to a question from one of my readers, a current association board treasurer and secretary who read my previous post about recorded meetings. Scenario: The association holds an open meeting. The secretary (or any other person acting on behalf of the board) records the meeting for the purpose of… Read More

March 31st, 2015

Coal ash upside? State, Duke seek beneficial uses. The “heated” attention being paid to Coal Ash in the Carolinas (and other, particularly southern, states where coal-fired power plants are still prevalent) has also brought renewed interest in the beneficial reuse of coal ash. Coal ash has some tremendously useful properties that make it ideal for… Read More

March 31st, 2015

Just like with the NCAA basketball brackets (‘tho with a much smaller betting pool), I made my predictions of winners and losers at the opening session of this year’s Carolinas Construction & Environmental Claims Conference. The opening session was entitled “Seeing the Forest and the Trees: An overview of the current issues affecting construction, environmental,… Read More

March 23rd, 2015

Now that we’ve looked at how a contractor can use a contractual indemnification provision to his advantage in a lawsuit, let’s take a look at what tools are available to a contractor when there is no such contractual provision. Going back to our running scenario, if you recall, a general contractor has been sued by… Read More

March 2nd, 2015

Are you a professional in the insurance industry who handles construction defect or environmental claims? Are you a risk manager in the construction industry who wishes to know more about construction and environmental issues? Are you someone who likes fantastic Italian cuisine? If so, you don’t want to miss the 2015 Carolinas Construction & Environmental… Read More

February 17th, 2015

Coal ash litigation was the topic to kick-off the most recent meeting of the International Association of Defense Counsel (IADC) in Marco Island, Florida. Several of us spoke and discussed the new EPA proposed regulations, developments in lawsuits recently and projection for the next few years of coal ash litigation and regulation. The EPA proposed… Read More

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