Mississippi Supreme Court Rules that Daughter is Not Compelled to Arbitration with her Contracting Parents in Construction Defect Case

The Mississippi Supreme Court ruled that a homeowner's daughter was not party to, nor an intended beneficiary of a contract with a foundation contractor such that her claims were not subject to arbitration.  The court ruled that she was not compelled to arbitrate and that her claims were ripe for adjudication in Perry County. On …

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Mississippi Arbitration Proceeding and Judicial Estoppel in a similar US District Court Suit

Mississippi Arbitration Proceeding and Subsequent US District Court Action

Still a Beneficial Tool, Mediation Process Is Not Perfect

     In 2001 I mediated my first case as a young lawyer with just enough knowledge to be dangerous.....to myself most likely.   Over the past 14 years I have observed the process and it's uncanny ability to resolve the previously unresolvable.  Lately I have noticed the indirect, less tangible benefits.  That said, a …

South Carolina Jury Awards Monster Construction Defect Verdict

A Charleston County jury awarded condominium owners a $7.7 million dollar verdict this month which many believe to be the largest construction defect verdict in state history.  The verdict was rendered against a subcontractor that was not able to settle its portion of the suit prior to trial through alternative dispute resolution.  Amazingly, the jury …

DUTY TO DEFEND A POLICYHOLDER DURING STATUTORY PRE-LITIGATION FORMALITIES: WILL CLARENDON OPINION AFFECT SOUTH CAROLINA CONTRACTORS AND DEFECT LITIGATION?

Clarendon America Insurance Co. v. Star Net Insurance Co. (2010) 186 Cal. App. 4th 1397. Similar to the Notice and Opportunity to Cure Act in South Carolina, (which provides a 90 day “cooling off’ period for the homeowner to serve written notice on the contractor before filing any action in court) California’s Calderon Act requires …

Motion to Compel Arbitration Denied as Subject Matter Outside Scope of Arbitration Clause (South Carolina Court of Appeals, April 20, 2010)

Arbitration clauses are enfoceable in South Carolina, but only as to claims arising from subject matter contemplated within the clause at issue.