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Is that Certificate Listing You as an Additional Insured Worth the Paper It’s Written On?

A trend, and now common practice, in the construction industry is for an owner or contractor to require contractors and subcontractors to name it as an additional insured (“AI”) on their commercial general liability (“CGL”) insurance policies. The goal is to shift risk to those performing the work by having a subcontractor’s insurance policy, rather … Continue Reading

Smith v. D.R. Horton, Inc.: The End of Arbitration for Residential Developers and Builders in South Carolina?

Mark Twain famously wrote that the reports of his death were exaggerated.  Following the South Carolina Supreme Court’s decision in Smith v. D.R. Horton, Inc. last month,[1] you may have heard arbitration is dead for South Carolina residential builders.  In that decision, the Court found an arbitration agreement unconscionable and therefore unenforceable.  While the decision … Continue Reading

CBCA Provides Guidance on the Meaning of the Implied “Good Faith” Requirement in Government Contracts

Implied in every government contract is a requirement of “good faith and fair dealing” regardless of whether the written terms state such a requirement.  Therefore, contractors should be careful to avoid conduct that the written terms of the contract may not address but that would violate the implied good faith obligation.  The problem for contractors … Continue Reading

The South Carolina Supreme Court Enforces a Contractual Waiver of Punitive Damages

We have all heard the saying that an ounce of prevention is worth a pound of cure.  This holds true for litigation arising from construction projects where it is much easier and cheaper to avoid a large judgment through careful contract drafting on the front end.  One important tool for doing so is a limitation … Continue Reading
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