January 20th, 2017

As a member of the Steering Committee and Young Lawyer Liaison for the DRI Construction Law Committee, I am looking forward to our upcoming seminar, “Construction Law: Don’t Roll the Dice or Rely on Chance – An Industry-Guided Approach to Today’s Construction Landscape,” at the Cosmopolitan of Las Vegas from March 1-3, 2017. This year’s program… Read More

January 16th, 2017

EPA Issues New Reporting Rule for Nanoscale Materials – Environmental & Natural Resources Law Section Newsstand – Powered by Lexology. Nanotechnology has been the subject of many “Emerging Claims” presentations at seminars over the past few years, but there are still many unknowns on the insurance coverage and litigation issues. One development likely to be… Read More

January 16th, 2017

In an opinion filed 1/11/17 that should be a cautionary tale for ALL carriers, the South Carolina Supreme clarified the rules for properly reserving the right to contest coverage, for determining whether punitive damages, and for determining the proper time period for coverage allocation in a construction defect case. We issued the following Carrier/Client Alert… Read More

October 3rd, 2016

One of the common complaints at annual meetings of homeowners associations is that assessments are being increased the following year. How much can the association directors increase future assessments without the owners’ approval? Inquiring homeowners should first direct their attention to the Declaration of Covenants, Conditions and Restrictions that governs their community. Most of the… Read More

September 20th, 2016

Land is developed. The developer creates the lots and, either directly or through other builders, builds houses on them. Soon, homeowners purchase their dream house. They keep their yard beautifully landscaped and clean. They keep their home in an impeccable condition. After some time, the rain comes. Out of a sudden, stormwater pours over their… Read More

September 20th, 2016

If you are involved in enough construction defect litigation, you will likely come across cases involving multi-family residential developments, including condominium units. Last week, the South Carolina Court of Appeals issued an opinion dealing with such a development and looking at the issue of whether the unit owners were bound by certain waivers in the… Read More

July 12th, 2016

Contractors often insert provisions into their contracts that seemingly would benefit them if a dispute were to arise down the road. However, the question often arises whether such provisions are always enforceable. Unfortunately, the answer is usually a resounding “maybe.” This past week, on July 6, 2016, the South Carolina Supreme Court issued an opinion… Read More

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

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