Construction Litigation

Why “Standard” Contracts Often Hurt Small Businesses 

Small businesses work hard to control costs. That is why many owners grab a standard contract they find online and hope it will do the job. The problem is simple. A contract that looks fine on the surface often fails when something goes wrong. At that point the business discovers that the cheap form was not protection. […]

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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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