South Carolina Lawyers Weekly

The “services to be rendered” pursuant to a hospital admission contract cannot reasonably be read to include the hospital monitoring its physicians’ compliance with the hospital bylaws’ malpractice insurance requirements. Instead, the phrase, “services to be rendered” meant the tangible ...

Where an agreement barred claims brought by a subcontractor for damages arising out of the construction of an FBI facility in West Virginia, and the subcontractor waived other arguments by not raising them in district court, the contractor prevailed. Background ...

Where a property settlement agreement was ambiguous on whether an ex-wife relinquished her rights to the husband’s life insurance policy as part of their divorce, the district court erred by awarding the policy’s proceeds to the decedent’s daughter. The issue ...

Where homeowners claimed defendants breached mortgage contracts in 2011 but filed suit in 2017, their claims were dismissed as time-barred and their argument that the statute of limitations does not apply because of equitable estoppel was rejected. Background In 2006, ...

Although written contracts may be orally modified, there is a genuine issue of fact as to whether a purported modification of the parties’ highway-project subcontract was the subject of a passing conversation or of actual negotiations. The court denies the ...

The complaint alleges that (1) defendant licensed certain intellectual property from plaintiff in exchange for payment of a royalty to plaintiff, (2) defendant breached the parties’ contract by failing to make the required royalty payments, and (3) defendant’s breach has ...

Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

Even though plaintiff’s complaint alleged that defendants Carolina Insurance Group of SC, Inc. (CIG) and Maurice Derrick were agents of former defendant Scottsdale Insurance Co., since CIG and Derrick denied that allegation, under South Carolina law, plaintiff’s allegation is not ...

While S.C. Code Ann. § 36-9-611(b) requires a secured party to send the debtor notification when it plans to dispose of collateral, the secured party is also permitted to send a revised notification up until a reasonable time before disposition, ...

When defendant sold plaintiff his company’s assets, he warranted that the assets were free of encumbrances. Defendant was in breach of the contract because, before the date of the contract, he caused checks to his vendors to be retracted, resulting ...