Our Blog
Our blog, Column and Beam, features articles from our attorneys regarding design and construction matters.
South Carolina’s Statute of Limitations – Know the Discovery Rule
For most causes of action that might be asserted in a construction matter (breach of contract/negligence), South Carolina’s statute of limitations is 3 years. (S.C. Code Ann. 15-3-530). South Carolina has adopted the discovery rule – the statute of limitations...
A NO DAMAGES FOR DELAY CLAUSE – A WEAK DEFENSE IN SOUTH CAROLINA
Consider the following hypothetical: Construction started on a large office building project. The owner/developer has tenants all lined up. The design team was responsible for obtaining all of the applicable permits for the project. Unfortunately, while the design...
Indemnity Part 5 – Intellectual Property Indemnity
There are projects for which you should consider including a contract provision relating to indemnity for intellectual property claims. For example, assume that an Owner wants to incorporate some specific technology or methodology into its new production facility. ...
Indemnity Part 4 – “Indemnify, defend and hold harmless”
Many indemnity clauses require one party to "indemnify, defend, and hold the other party harmless." Are these magic words? To some extent, yes. Most contracting parties assume that if the other party is at fault in causing damages or injury to a third person, then...
Indemnity Part 3 and “to the extent that…”
When reviewing a proposed indemnity clause, you need to consider whether it should be based upon percentages of fault. For example, assume that an architect was 20% at fault for the cause of water intrusion inside a building because the wall detail was flawed. ...
Indemnity Part 2- I’m Indemnifying You for What?
In our prior post, we talked about how indemnity applies to the claims of third parties. In this post, we will discuss the basis for indemnification. For example, some indemnity clauses require indemnity for a breach of contract, others for willful acts. Here are...
How to read an indemnity clause – part 1
The indemnity clause in a design and construction contract is usually a very long paragraph, consisting of many very long sentences, near the end of the contract. It usually makes my head hurt to read. However, the indemnity provision can impose significant liability...
South Carolina’s 8 Year Statue of Repose
South Carolina's statue of repose that applies to construction projects is found at Section 15-3-640 of the South Carolina Code. For projects for which substantial completion (defined as issuance of a certificate of occupancy) occurred after July 1, 2005, the state of...
Site Visits – It is important to have written notes
There are an increasing number of claims asserted against design professionals relating to construction administration responsibilities. A common allegation is that the design professional was contractually obligated to make site visits and that the design...
You Need to Have A Written Contract.
The first question that your insurer or attorney will ask you when a dispute arises on a construction project is: “Did you have a written contract?” Frequently, the answer is “No.” The top 6 reasons given: 6. The project is small and it just didn’t seem necessary; 5....