The South Carolina legislature is considering legislation that will affect residential builders and specialty contractors. The text with proposed changes below SECTION 2. Section 40-59-20(7) of the 1976 Code is amended to read: "(7) 'Residential specialty contractor' means an independent contractor who is not a licensed residential builder, who contracts with a … Continue reading Proposed South Carolina Legislation Might Limit Residential Specialty Contractors
In March, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of $500K to report state and federal labor and safety violations within the past three years. The Blacklisting rule, also known as the Fair Pay and Safe Workplaces Executive Order 13673, only … Continue reading Trump Order on Blacklisting
In a 2014 unpublished opinion, the SC Court of Appeals discussed the threshold for "notice" as it pertains to statute(s) of limitations in construction defect cases. At the root of this action was a 2003 forensic report obtained by the HOA which was not acted upon until 2009. As most of you are aware, construction … Continue reading The Discovery Rule and Tolling Statute of Limitations
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.
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 … Continue reading South Carolina Construction Defect Law