June 1st, 2017

By Josh Bennett The use of expert witnesses is very important in the defense of a blasting damage claim. The blasting contractor will likely need to retain more than one individual to act as an expert witness in the case. One of those individuals will likely be an explosives engineer/seismologist. That person will usually be… Read More

April 5th, 2017

–T. McRoy Shelley, Esq. Duke Energy faces costs of $5 Billion or more to clean up its coal ash ponds throughout the state of North Carolina. Many of the coal ash impoundments have already released heavy metals and other contaminants into rivers and groundwater, including a 40 ton spill into the Dan River in 2014… Read More

March 20th, 2017

Because of the potential costs associated with a claim for blasting damages, it is important to understand the pattern of a routine blasting claim and how to defend against such a claim. This includes a study of the typical causes of action included in the plaintiff’s complaint. When an owner files a complaint, it will… Read More

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

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