Construction Litigation

Demand Notes and Deadlines in South Carolina

In South Carolina, old debts do not age gracefully. At some point, the law steps in and says enough. That is especially true with promissory notes that never specify when they must be repaid.  What Counts as a Demand Note in South Carolina  South Carolina’s Commercial Code defines a negotiable instrument as an unconditional written promise […]

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South Carolina Court of Appeals Puts a 90-Day Cap on Pay-When-Paid Clauses 

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’

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