When most people hear the word “foreclosure,” they picture a homeowner losing their house. But commercial foreclosure is a different animal altogether. The risks go far beyond the loss of a piece of property. For business owners, investors, and guarantors, a commercial foreclosure can ripple through every part of their financial lives. It’s Not Just the […]
The High Stakes of Commercial Foreclosure Read More »
South Carolina law has long rejected “pay-if-paid” clauses. Contractors cannot avoid paying subcontractors simply because the owner has not paid them. “Pay-when-paid” clauses, however, have lived in a gray area. Courts said they could be enforced for a “reasonable” time, but no one knew how long that meant. That changed with the Court of Appeals’
South Carolina Court of Appeals Puts a 90-Day Cap on Pay-When-Paid Clauses Read More »
Arbitration is often sold as efficient, fair, and business-friendly. In theory, it offers a streamlined process without the burdens of courtroom litigation. But in reality, arbitration frequently favors power over principle, and repeat players over first-timers. If you’re signing contracts that include arbitration clauses, you should understand exactly what you’re giving up. Arbitration is not
Arbitration: The Legal Trap Hiding in Your Contract Read More »
Not every shareholder lawsuit is a good-faith effort to protect a company’s interests. Sometimes, it is something else entirely: a strategic play in a broader personal dispute. South Carolina courts are now on high alert for this kind of abuse. In 2024, the South Carolina Court of Appeals established a new standard for determining whether
When a deal falls apart, most clients want to know one thing: Can I win? The answer depends less on what was promised and more on what you can prove. Breach of contract claims are common, but winning them requires more than pointing fingers. Here’s what courts actually care about: First, performance. You need to
Breach of Contract 101: What Actually Matters in Court Read More »
How to Spot Red Flags Before You Buy Buying a new home is a major investment. When purchasing a newly built home, it’s crucial to protect that investment by spotting potential issues early. This can save you from costly repairs down the road. It’s easy to get caught up in the excitement of new finishes
New Construction, New Problems Read More »