Roben West | Property Casualty Focus One decision that flew under the radar in 2019 continues the recent trend of courts to dispense, under among other things the previously discussed “at-issue” waiver doctrine, with insurers’ fundamental rights to confidentiality with respect to legal advice. In the June 2019 decision In re Mt. Hawley Insurance Co., No. 2018-001170 (S.C.… Continue reading South Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client Privilege Rights
Category: Construction Law
Defining A Win In Litigation
Drew York | Gray Reed & McGraw | October 31, 2019 Does a “win” in litigation require a final judgment in your favor? Not necessarily. Litigation “wins” are defined by the circumstances facing a party at the outset of litigation, and how those circumstances change as litigation progresses. Over the next few months we will… Continue reading Defining A Win In Litigation
The Concrete (Legal) Jungle
Victor Metsch | Smith Gambrell & Russell | November 21, 2019 Serge Somrov purchased apartment 7A at the Bay Parkway Terrace Condominium. After moving in Somrov replaced the floor of the terrace with Board approval. Ten years later, Somrov was told that a leak on his terrace was causing water damage to the apartment below. Pursuant… Continue reading The Concrete (Legal) Jungle
In This Case, The “Crux Of The Biscuit” Was The Missing Apostrophe
Keith Bishop | Allen Matkins | November 8, 2019 Consider the following provision of in a contract between a general contractor and a subcontractor: “Ten percent (10%) of Subcontractor’s contract amount shall be withheld and will be released 35 days after completion of subcontractors work.” After the subcontractor abandons the job, the general contractor refused… Continue reading In This Case, The “Crux Of The Biscuit” Was The Missing Apostrophe
Is This a Forum Selection Clause, or Not?
Stanley A. Martin | Commonsense Construction Law | November 6, 2019 Forum selection clauses have become commonplace in construction contracts. Most general contractors take steps to ensure that they can bring their subs into the same forum as the owner, should there be an owner dispute that involves the sub’s work. One contractor has just… Continue reading Is This a Forum Selection Clause, or Not?