Defendant, the first developer of the residential development at issue, was found partially responsible for the damages caused by construction defects. On appeal, defendant argued that the trial court erred in denying a directed verdict motion based on the statute ...

Tagged with: Construction Defects Contract Statute of Limitations

Plaintiffs are entitled to an attorney’s fee award as costs pursuant to the parties’ employment contracts, not as damages under the South Carolina Payment of Wages Act. Therefore, plaintiffs were not required to comply with Rule 9(g)’s special-damage pleading provisions. ...

Tagged with: Contract

The contract between plaintiff and one of the defendants says it is governed by Virginia law. However, the alleged torts – which were purportedly committed by defendants who weren’t parties to the contract – were committed in South Carolina. Therefore, ...

Tagged with: Contract

Dorrestein v. Schuiling (Lawyers Weekly No. 002-019-18, 13 pp.) (David Norton, J.) 2:17-cv-01193; D.S.C. Holding: The parties’ real estate sale contract required the defendant-buyers to apply for membership in the Kiawah Island Club within five days, and the contract provided ...

Tagged with: Contract

Owners Insurance Co. v. Warren Mechanical, LLC (Lawyers Weekly No. 002-014-18, 10 pp.) (David Norton, J.) 2:16-cv-00669; D.S.C. Holding: Upon learning that a workers’ compensation claim – involving the same policy at issue in this case – remains pending before ...

Tagged with: Contract

Synthes USA, LLC v. Davis (Lawyers Weekly No. 002-209-17, 20 pp.) (R. Bryan Harwell, J.) 4:17-cv-02879; D.S.C. Holding: The employment contracts between plaintiffs and the defendant-sales consultants prohibited defendants, for a year after they left plaintiffs’ employ, from calling on ...

Tagged with: Contract

Outpost Capital Management, LLC v. Prioleau (Lawyers Weekly No. 002-199-17, 16 pp.) (Richard Mark Gergel, J.) 2:16-cv-03684; D.S.C. Holding: As the sole member of HMB Ventures, LLC, defendant Minor had the authority to terminate HMB’s manager, defendant Prioleau; therefore, Prioleau’s ...

Tagged with: Contract

Carolina Underground Solutions, LLC v. Commercial Finance Partners, LLC (Lawyers Weekly No. 002-131-17, 11 pp.) (J. Michelle Childs, J.) 6:17-cv-01563; D.S.C. Holding: Since it does not appear that the parties’ contract was terminated according to its unambiguous terms, the court ...

Tagged with: Contract

Meridian Investments Inc. v. Federal Home Loan Mtge. Corp. (Lawyers Weekly No. 001-094-17, 15 pp.) (Duncan, J.) No. 16-1384, April 28, 2017; USDC at Alexandria, Va. (Cacheris, J.) 4th Cir. Holding: An investment company could not sue Freddie Mac and ...

Tagged with: Contract

Wired Fox Technologies, Inc. v. Estep (Lawyers Weekly No. 002-105-17, 41 pp.) (Bruce Howe Hendricks, J.) 6:15-cv-00331; D.S.C. Holding: Plaintiff alleges that defendant Estep was plaintiff’s independent contractor. Putting aside the undisputed fact that the independent contractor agreement was never ...

Tagged with: Contract