Notice of Project Commencement

In the past, South Carolina mechanic’s lien law placed the prime contractor in a position akin to a lightning rod for various debt obligations owed by suppliers and subcontractors.  Project subcontractors and suppliers to the GC could only collect on mechanics lien claims to the extent of the unpaid balance owed by the Owner to … Continue reading Notice of Project Commencement

Damages for Emotional Distress in Construction Defect Cases?

Traditionally, courts have not allowed a claimant to recover damages for emotional distress in actions regarding construction defects. However, more and more courts are beginning to consider these damages if accompanied by extrinsic circumstances. Mississippi is appropriate to examine as Harper Whitwell PLLC is proud to call Oxford home.  When a party intentionally conducts itself in … Continue reading Damages for Emotional Distress in Construction Defect Cases?

Consensusdocs and Public Projects

I have attached some information provided by Consensusdocs which is an excellent resource for contractors bidding on public projects. Link to Consensusdocs Guidelines Please contact Clay Olson if you would like to discuss public bidding and procurement in South Carolina.  843-224-6676 (m0bile) or email clay@harperwhitwell.com  

Harleysville Decision Confirms Crossman, cautions insurance carriers

Brief Facts:  Insurance carrier (Harleysville) insured a Developer which was sued under several names or "d/b/a" identities.  Developer was sued for construction defects. Carrier defended the claims on behalf of the Developer under various reservations of rights. General verdicts were returned against the Developer entities for $4,500,000.00 in actual damages and $1,000,000 in punitive damages. Insurance carrier then filed … Continue reading Harleysville Decision Confirms Crossman, cautions insurance carriers

Pella Window Update in South Carolina MDL

A US District Court Judge recently barred testimony from three witnesses retained by Plaintiffs in the MDL action which seeks a finding that Pella Corp.’s Architect Series and Designer Series are defective.    Specifically, Plaintiff's experts are barred from entering testimony suggesting that "leakage paths” allow water to penetrate into vulnerable areas of the windows … Continue reading Pella Window Update in South Carolina MDL

Mississippi Contractor Payment and Mechanic’s Liens

Harper Whitwell PLLC is a law firm which stands firm in its belief that the construction industry is the backbone of our economy.  We strive to keep contractors compliant with state and federal regulatory requirements and advocate the prompt payment for services rendered.   Like many other states, Mississippi allows for recovery of sums owed to … Continue reading Mississippi Contractor Payment and Mechanic’s Liens

OSHA Silica Regulations are Now Decided; Compliance Deadline Extended

The U.S. Occupational Safety and Health Administration’s (“OSHA”) new rule for respirable crystalline silica was finalized this past Summer, while  compliance obligations under the new rule start on June 23, 2018. The new silica rule reduces the permissible exposure level (PEL) for employees and creates many new requirements for businesses. Companies will be required to … Continue reading OSHA Silica Regulations are Now Decided; Compliance Deadline Extended