A "remote" claimant can be defined as one contributing labor or materials to a construction project who does not have a direct contract with the general contractor. This is typically a sub of a sub or a material supplier who sells to a subcontractor. The key is the provider must not be in … Continue reading Notice of Furnishing and Remote Claimants
In light of last week’s discussion regarding Hernandezcueva v. E.F. Brady, I thought it fitting to clarify current SC precedent on the issue of strict liability and contracts for services. A link to that article is here. In South Carolina, strict liability applies only to sales of products and not to the provision of services. … Continue reading South Carolina and Strict Liability
In Hernandezcueva v. E.F. Brady Company, Inc., California Court of Appeals for the Second District, Case No. B251933 (December 22, 2015), the Court of Appeals has held for the first time that a contractor who installed drywall using a joint compound – both of which contained asbestos – which the contractor was not aware of … Continue reading Strict Products Liability for Non Selling Contractors?
In Precision Walls, Inc. v. Liberty Mutual Fire Insurance Co., No. 2013-000787 (S.C. Ct. App. July 23, 2014), the general contractor contracted with Precision for the installation of exterior insulation board. Precision, being an approved applicator sold the installation board in question. After Precision completed its work, a masonry subcontractor began construction of the brick … Continue reading South Carolina Supreme Court Upholds Court of Appeals Bar Using “Your Work” and Product Replacement Exclusions to Deny Subcontractor Recovery
The following article discusses a resurgent construction industry and the nuances which create more liability for injuries on job sites and defect centered litigation. It seems natural that an increase in construction might lead to an increase in litigation, although this article discusses those not so obvious factors which serve as catalysts for litigation. Building … Continue reading Building On a Rebound | PropertyCasualty360
joint and several treatment is unlikely in most case scenarios due to a party having to be more than 50% of the aggregate fault leading to or causing damages. Specifically, in an action to recover damages resulting from personal injury, wrongful death, or damage to property............. if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than 50% of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants; and (ii) the fault (comparative negligence), if any, of the plaintiff.
cdcdrywall01032011 The centers for disease control have released some findings which are attached for your review. The attorneys at Olson & Good make no representations and have formed no opinions regarding the health and safety issues that may or may not exist as we are not health professionals. It is worthy of mention, however, as … Continue reading Chinese Drywall News from CDC regarding health
Over the past ten years, my construction defect practice has led me to believe that most lawsuits arise over some sort of condition which is perpetuated by public sentiment. EIFS and Mold cases served to create an entire niche of experts, or professional witnesses equipped with equipment of all kinds, some being more sophisticated than … Continue reading May a homeowner recover for “stigma damage”? The wrecked car syndrome applied to South Carolina Construction Law
Knauf Plasterboard Tianjin Co. Ltd. has reportedly settled with Beazer Homes for $800,000 for an unspecified number of homes that may have contained drywall that was tainted. As the blog author and a representative of my firm, Olson Good & Brown, I would like to warn against speculation as settlements like these are typically kept … Continue reading Manufacturer Knauf Plasterboard Reportedly Settles with Beazer
The economic loss rule is a doctrine that is treated differently depending on jurisdiction. As recently as 2009, South Carolina made a signigicant ruling int he Colleton Prep decision, which was soon overturned. Lousiana law has implications on Chinese Drywall litigants from Virginia, where the case might have recieved different treatment.