Archives: Residential Development and Construction

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The Near Death of the Outrageous Torts Exception and a Win for Arbitration in South Carolina’s Ongoing Struggle Over Arbitration Agreements

As noted previously on this blog, South Carolina courts are routinely hostile to arbitration agreements. However, in a decision issued in August, Parsons v. John Wieland Homes & Neighborhoods of the Carolinas, Inc.,[1] the South Carolina Supreme Court found a residential builder’s arbitration agreement enforceable and potentially did away with and certainly narrowed the Court’s … 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

The Ongoing Tension Over Class Actions and Statistical Evidence and the Significance for Residential Developers and Builders

For developers and builders of single-family communities and multi-family housing, an increasingly common tactic is for plaintiffs’ counsel to assert a class action, a procedural device that allows one person to sue on behalf of related persons who are not parties to the lawsuit. Plaintiffs’ counsel then relies on statistical extrapolation from limited inspections of … Continue Reading