Hard Hat Blog

To best serve our clients, we make it a priority to stay on top of emerging developments and trends in the industry. Read more in The Hard Hat Blog.

The 2015 South Carolina OSE: Small Change in Design-Bid-Build Contract Administration

By on June 20, 2016 |

It’s pretty much business as usual under the newly updated Chapter 7 in the Office of State Engineer’s (“OSE”) Manual for the Planning and Execution of State Permanent Improvements Part II, which sets out the contract administration procedures for traditional design-bid-build projects. With a few exceptions, basic contract administration remains the same as under the previous… Read more

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

By on 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

The 2015 South Carolina OSE Manual – New Contractual Requirements for Design Professionals

By on June 10, 2016 |

The State Engineer has updated the SE-225 Conditions of Service to be used with the AIA B101-2007 Standard Form of Agreement Between Owner and Architect. Formerly titled “Article 12 – Other Conditions or Services,” the New SE-225 has a few significant changes from its predecessor document. The first and most significant change is that SE-225 completely… Read more

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

By on 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

The 2015 South Carolina OSE Manual – No New Guidance on CM-at-Risk or Design-Build Contract Administration

By on June 3, 2016 |

Back in 2008, the South Carolina legislature enacted changes to the South Carolina Consolidated Procurement Code. These changes allowed state agencies the use of additional project delivery methods for state construction projects including design-build, design-builder-operate and maintain, design-builder-finance-operate and maintain, and construction management at-risk.  (2008 S.C. Acts 174).  The State Fiscal Accountability Authority (formerly the… Read more

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