What is the Statute of Repose in South Carolina?
Timothy J.W. Muller April 1, 2024
One of the many challenges that may arise after the completion of a construction project is the discovery of defective construction or unsafe conditions. Whether it be an issue with the design of a building, defective materials, or improper installation, problems can appear years after a project and leave the construction company vulnerable to liability. …
How to Make a Claim on a Payment Bond
Timothy J.W. Muller February 23, 2024
One of the many challenges that arise throughout the course of a construction project is the issue of payment to subcontractors and suppliers. While your contract may designate that you will be paid for the work you do or the supplies you furnish upon completion or delivery, the contractor in charge of the project may …
Preservation of Lien Rights
Timothy J.W. Muller February 3, 2021
Distilled down to its absolute essentials, a mechanic’s lien is a way for tradespeople to make sure they get paid for their work. As straightforward as this seems, the purpose and operation of mechanic’s liens (also known as a construction lien, a materialman’s lien, a supplier’s lien, or a laborer’s lien) is often confusing to …
The Defense of Time Limitations in Construction Defect Cases
Elizabeth F. Nicholson January 20, 2021
Potential liability of contractors for construction defects does not end upon the completion of a project. A contractor’s risk of liability for construction defects is determined by two types of defenses with different time limitations: statutes of limitations and a statute of repose. Statutes of limitations set the time limit for when a party has …
How to Preserve and Enforce a Mechanic’s Lien in SC
Elizabeth F. Nicholson November 19, 2019
A mechanic’s lien is a construction lien created by statute to protect contractors, subcontractors, suppliers, and laborers “to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of …