Construction defect cases are occurrence based matters which, in South Carolina, are pre-determined to involve the occurrence of property damage each and every year following a construction project. The “continuous trigger” theory puts the onus on a defense attorney to send notice in the form of a “tender letter” to all insurers affording CGL coverage to an insured for the time on risk. Today we … Continue reading TARGETED TENDERS
A SC District Court has reached a decision regarding a potential exception to the eight year statute of repose. Claims brought against an architecture firm and a contractor were barred as untimely despite alleged building code violations. Hampton Hall LLC v. Chapman Coyle Chapman & Associates Architects AIA Inc., et al., No. 17-1575, D. S.C., 2018 U.S. Dist. LEXIS 17795). SC Statute of Repose South … Continue reading South Carolina District Court Clarifies Statute of Repose
No Damage for Delay Continue reading DELAY CLAUSES IN CONSTRUCTION CONTRACTS
“We overrule Century Indemnity and impose a “time on risk” approach to defining the scope of each CGL insurer’s obligation to its insured in a progressive damage case.” Continue reading Allocation of Liability Among Insurers in South Carolina: The Legacy of Crossman
“we overrule Colleton Prep to the extent it expands the narrow exception to the economic loss rule beyond the residential builder context” Continue reading Economic Loss Rule Applicable to Residential Construction Only as Court overrules recent Colleton Prep decision
South Carolina has served as a mystery in its application of Comprehensive General Liability policies within the construction industry. Auto Owners v. Virginia Newman provided the Supreme Court of South Carolina an opportunity to clear up a seminal issue regarding coverage provided to contractors: Does the defective work of a subcontractor constitute an insurable loss within the insuring agreement which binds a General Contractor and its insurer. The much anticipated opinion might have served to further muddy the waters as the court relied on an obscure exclusion within the policy, rather than the much broader “subcontractor exclusion” to rule that coverage for some damages caused by a subcontractor’s work is not covered. Continue reading Newman II Decision and SC Construction Defect Law
Clay Olson is an attorney in Charleston South Carolina at Olson & Good, PC. With multiple locations in Charleston County, Mr. Olson serves Olson & Good clients in construction matters including insurance defense, construction defect litigation, mechanics lien, commercial loan modification and foreclosure. Mr. Olson services several industries in collection issues, risk transfer and management of business risks, insurance coverage and policy language. Continue reading South Carolina Construction Defect Law
