Parker Poe Adams & Bernstein LLP

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

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

Unless a contractor wants to finance public construction projects, a contractor on a State project wants to collect interest on any late payments the State of South Carolina owes. South Carolina’s Prompt Payment Act permits contractors to recover interest on
Continue Reading How to Avoid Financing State Projects, Also Known As Collecting Interest on Delayed Payments From the State of South Carolina

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

The Office of the State Engineer proposed adopting the following building codes for state buildings which would take effect on July 1, 2016:

  • International Building Code (IBC), 2015 Edition
  • International Existing Building Code (IEBC), 2015 Edition
  • International Fire Code (IFC),


Continue Reading South Carolina Office of the State Engineer Publishes Notice of Intent to Adopt 2015 ICC Codes for State Buildings