Construction Law Blog

August 13th, 2018

Recently, in a dispute between a contractor and subcontractor, the South Carolina Court of Appeals ruled that an indemnity clause cannot be construed to indemnify the indemnitee against losses resulting from its own negligent acts unless the intention is expressed in clear and unequivocal terms. In Concord & Cumberland Horizontal Prop. Regime v. Concord &… Read More


March 21st, 2018

I hope you have registered for this year’s DRI Construction Law Seminar at the Hilton Nashville Downtown from April 25-27, 2018. For those young lawyers planning to attend, please join us for the Young Lawyer’s Dinner on Wednesday, April 25, 2018, beginning at 7:30pm, at Southern Steak & Oyster, 150 3rd Avenue South STE 110… Read More


March 19th, 2018

On Thursday, March 15th, 2018, South Carolina Governor Henry McMaster signed legislation (S. 105) that imposes new burdens on groups challenging government-issued environmental permits and accelerates the timeline for resolution of such challenges.  The bill represents a radical change to the automatic stay system that developers and manufacturers argued placed an undue burden on new… Read More


January 17th, 2018

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 at the Hilton Nashville Downtown in Nashville, TN from April 25–27, 2018. This year’s informative and current “keynote” topic is “Building a Framework of Inclusion: Diversity in Construction,” which focuses… Read More


September 20th, 2017

By Josh Bennett As explained in previous posts in this series, through the use of expert witnesses, an entity involved in a blasting claim may assert the defense that the damage was caused by some non-blasting reason or pre-existed the blasting and the peak particle velocity of the blast was not at the level necessary… Read More


August 8th, 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. As we discussed in the last post of this series, one of those individuals will… Read More


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


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


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


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