Our Blog
Our blog, Column and Beam, features articles from our attorneys regarding design and construction matters.
Do not Send that Email! Five Common-Sense Risk Management Strategies for Communications
Many people have sent an emotional, ill-conceived email without considering the consequences. It is important for any construction professional to recognize that his communications are discoverable and can – and likely will – be seen by others if a project ends in...
What Should You Consider When Purchasing Professional Liability Insurance?
Because no design professional is perfect, all architects and engineers are exposed to potential claims for errors and omissions. The vast majority of design professionals purchase professional liability coverage. What should you consider when purchasing or renewing...
Show Me The Money! – Why Design Professionals Are Often Lawsuit Targets.
Why are design professionals attractive targets in litigation relating to construction projects? The answer is easy - they have good insurance coverage. To understand why, you need to know the differences between the Commercial General Liability (CGL) policies...
Why Design Professionals Should Disclaim Implied Warranties
South Carolina is one of a handful of states that recognizes an implied warranty that applies to design services. In South Carolina, certain warranties are implied into every design contract that is governed by South Carolina law. The South Carolina Supreme Court...
Look Before You Leap! How Properly to Assess Potential New Clients.
Imagine that one of your engineering friends referred Burton Consulting, LLC to you to design a new office building. You are told that Burton Consulting does “business consulting”. Bill Burton is a great sales person and tells you that his business is growing...
What You Need to Know About Waivers of Subrogation
A waiver of subrogation is an effective risk management tool. Before you sign a contract containing such a clause, you need to know what a waiver of subrogation means and who needs to agree to the waiver to make it effective. Subrogation is "the principle under...
Pay Attention! Payment Provisions Really Matter if You Want to Be Paid.
We are often asked to help clients by reviewing specific sections of contracts that they have been asked to sign. Invariably, the sections that clients most often ask us to review involve warranties, indemnity and insurance. Rarely, do our clients ask us to review...
4 Reasons Why to Conduct Audits in 2017
Design and construction firms, both large and small, should implement an audit policy in 2017. Audits can be effective using either internal staff to perform the audit or by retaining outside consultants. Audits do not have to be elaborate, exhaustive, or expensive...
If You Are Not Properly Licensed, You May Not Get Paid
In South Carolina, a contractor must be properly licensed to file a lawsuit or mechanic's lien to collect money owed. It is well-known that a general or mechanical contractor's license is required for commercial construction with a total cost over $5,000. However,...