Are Certificates of Insurance Enough?
Contracts usually require contractors and subcontractors to carry certain types of insurance with stipulated coverage limits. In most of the contracts that come across my desk, the owner or contractor simply require the contractor or subcontractor to provide a certificate of insurance to confirm and verify that the required insurance coverages are in place. If… Read more
Is Your Arbitration Clause Enforceable?
The South Carolina Supreme Court recently addressed the enforceability of an arbitration clause in a sales contract between a home buyer and a developer general contractor. Gregory W. Smith vs. D.R. Horton, S.C. Supreme Court Opinion No. 27645. The arbitration clause stated that the parties agreed to arbitrate any claim arising out of the construction… Read more
The Ins and Outs of Construction Licensure
Contractor licensing requirements vary widely from state to state and are very state specific. In some states you have to obtain a contractor’s license before you start work. In other states, such as South Carolina, you have to obtain a license prior to offering to do work, otherwise it is a violation of the licensing… Read more
Supreme Court decisions could have major impacts for construction industry
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
The 2015 South Carolina OSE Manual – Invitation for Professional Services (Form SE-210) Gets a Facelift
The OSE gave its form SE-210 – Invitation for Professional Services – a facelift in the 2015 update of the OSE Manual. Take a look at the old form, compared to the new version. While the appearance of SE-210 is improved, there aren’t a whole lot of substantive changes. Mainly, they’ve added information to call… Read more