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Posts By Bryan Kelley

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The Project Owner is Bankrupt — Can You Still File a Mechanic’s Lien?

June 2, 2022 |

Many contractors in the region may be asking themselves this question right now.  Earlier this year, GT Real Estate Holdings, LLC, terminated its agreement with the City of Rock Hill for the construction of a new practice facility for the Carolina Panthers.  Construction on the project was already well underway.  Yesterday, GTRE filed a voluntary… Read more

Construction Contracts 101 – Key Terms and Provisions

August 31, 2017 | ,

A construction contract can be a daunting document.  It can be hundreds — if not thousands — of pages in length depending on the complexity of the project.  In addition to the document that is signed by the parties, the full construction contract can include drawings, specifications, geotechnical reports, general conditions, special conditions, and other… Read more

The Duty to Defend in the Contractor’s CGL Insurance Policy

May 3, 2017 |

The CGL carrier’s duty to defend an insured contractor for a claim for defective construction can be a huge cost savings tool.  But, contractors should be mindful of the benefits and hazards of tendering a defense to its carrier before doing so. What is the duty to defend? Commercial general liability (“CGL”) insurance carriers generally owe… Read more

Blowing the Whistle on Public Construction and the False Claims Act

January 25, 2017 | , ,

Contractors hoping to take advantage of incoming infrastructure spending should implement False Claims Act protections now. While promises made during a presidential campaign can’t always be taken to the bank, the construction industry is nonetheless preparing for a rise in federally-funded projects based on the Trump campaign’s promise of increased infrastructure spending.  Contractors taking on this work… Read more

Construction Defect Limitations Periods and the Duration of Your Risk in the Carolinas

January 11, 2017 | ,

Contractors often understandably assume that the end of a contractual warranty period marks the end of their potential liability on a project.  Unfortunately, while a warranty can effectively limit obligations to make certain repairs, liability for defective construction does not end with the warranty.  Instead, the duration of risk is primarily determined by two types of laws:  statutes of… Read more

Federal court blocks incoming overtime expansion rule

November 23, 2016 |

In a prior blog post, we explored changes to overtime pay rules for hourly workers that were set to take effect on December 1, 2016.  Yesterday, a federal judge in the Eastern District of Texas issued a nationwide preliminary injunction blocking implementation of the rule. The Department of Labor promptly issued a statement expressing their displeasure… Read more

The Importance of the Contractor’s Daily Report

September 6, 2016 |

Ten years ago, when I was a second-year law student, I recall being told by numerous law professors that we’d be living in a paperless world by 2010.  While it is true that information continues to be shared, reported, and compiled digitally at an ever-increasing rate, it seems the amount of paperwork required to complete even… Read more

Supreme Court decisions could have major impacts for construction industry

July 6, 2016 |

Two recent decisions from the United States Supreme Court could have major implications for the construction industry.  In United States v. Texas, a divided 4-4 vote resulted in the Court’s issuance of a one-sentence opinion, in which the Court affirmed a lower court ruling that blocked an executive order which would have allowed millions of undocumented immigrants to remain in… Read more

Legal Implications of South Carolina’s Notice of Furnishing Labor or Materials

June 14, 2016 | ,

In an earlier post, I discussed the practical benefits afforded by the Notice of Furnishing Labor or Materials when sent to the general contractor (“GC”) by a subcontractor or supplier who is second-tier or below.  Today, we’ll take a look at the legal protections the Notice provides to those lower-tier contractors. First, it must be noted that South… Read more

Avoiding the Element of Surprise and the Notice of Furnishing Labor or Materials

June 8, 2016 | ,

Generally, no one benefits from surprises on a construction project.  A particular problem that often catches general contractors by surprise occurs when a lower-tier subcontractor or materials supplier (i.e., one who does not contract with the general contractor but instead has a contract with a subcontractor) suddenly appears claiming that an unpaid contract balance is… Read more

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