South Carolina Lawyers Weekly

In this construction defect case brought by the purchaser of a project, the general contractor has not stated independent claims against the project’s architect. We affirm partial summary judgment for the architect. The contractor lists the following actual damages: (1) ...

Tagged with: Contract

During the underlying proceedings between the project owner and the general contractor, the owner settled a claim by electrical subcontractor Carolina Construction Solutions (CCS) for $50,000. CCS was only hired after the project owner became frustrated by construction delays, demanded ...

Tagged with: Contract

The circuit court placed too high a burden on plaintiffs – retired city employees – in requiring them to prove they would have been better off if the defendant-city had fulfilled its promise of free health care during their retirement. ...

Tagged with: Contract

Where (1) plaintiff made a short-term loan to defendant ISL Development, LLC, in part to pay the salary of defendant Stewart; (2) plaintiff declined to consider the loan an investment in ISL; and (3) plaintiff said she would extend the ...

Tagged with: Contract

Where the plaintiffs were bound by a prior settlement with the defendants related to royalty claims for a defined period of time, and the plaintiffs are now pursuing trespass claims for a different time period, the district court did not ...

Although she was not a party to the “Institutional Agreement,” which made the defendant-hospital a preferred provider organization for purposes of plaintiff’s health insurance coverage with Blue Cross, the contract clearly provided benefits for plaintiff. Since the construction of the ...

The “Limitations on Liability” clause in the parties’ software-installation contract is enforceable since (1) the UCC does not apply to service contracts, so the UCC’s failure of essential purpose defense does not apply here and (2) plaintiff’s sophistication negates its ...

Where the employee has to stand, walk or lie down as a break from sitting about every 10 minutes and requires heavy levels of narcotics to manage his pain, he is incapable of full-time employment and thus disabled under the ...

In the parties’ employment contract, the forum selection clause provides, “The parties agree to the jurisdiction of the state and federal courts located in Harris County Texas, and waive any right available to a trial by jury.” Under Texas law, ...

Where a ship repair company previously signed a settlement agreement with the US Navy that contained a broad release, and it did not carve out any other claims, that release barred a breach of contract claim. Background East Coast Repair, ...