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Mechanic’s Liens in South Carolina

L. Franklin Elmore

Counselor. Advisor. Litigator. Mediator. Arbitrator.

For more than four decades, Frank Elmore has counseled and advised private and public owners, general contractors, subcontractors, sureties, and construction industry trade associations on a myriad of complex legal, strategic-risk management, and risk mitigation issues.

As a litigator, Frank has established seminal legal principles and doctrines including the enforcement of a subcontractor’s bid to a general contractor; the ability of a general contractor to withdraw its bid based upon a bid error prior to acceptance by the owner; an insurance company’s obligation to defend a contractor in litigation; and, the effect of material alteration of risk to a performance bond surety’s obligations. His experience ranges from single family residential, multifamily, commercial, utility, transportation, infrastructure, educational, industrial, manufacturing and nuclear projects throughout the Southeast.

Frank is a certified mediator by the South Carolina state and federal courts. His resolve to continue negotiations after the formal mediation sessions end and his ability to reach resolution in complex multiparty construction cases place him in high demand as a mediator. He serves on the National Construction Industry Panel of Arbitrators for the American Arbitration Association and conducts private arbitrations.

Frank’s service to the construction industry includes serving as counsel to the South Carolina Asphalt Pavement Association and providing legal counsel to Carolinas AGC. He is a former member of the Advisory Board to the Clemson University School of Construction Management & Building Science. He is the past chairman of the South Carolina Transportation Policy Research Council (now SCFOR). He has presented seminars on legal issues affecting the construction and surety industry to the South Carolina Residential Home Builders Association, Carolinas AGC, Carolina ABC, Carolinas Surety Association, South Carolina Asphalt Pavement Association, South Carolina Board of Architectural Examiners, Southern Electrical Contractors Association, National Bond Claims Association, American Institute of Architects, Construction Financial Manager’s Association, Professional Construction Estimators Association, National Association of Professional Engineers, and the National Association of Women in Construction.

In recognition of his service to the construction industry, Frank was one of 5 inaugural inductees into the Carolinas AGC Hall of Fame in 2016.

His service to the legal community includes past chairman of the Professional Responsibility Committee, South Carolina Bar Association; past chairman of the South Carolina Construction Law Section; permanent presenter of the annual South Carolina Construction Law Update to the South Carolina Construction Law Section; past chairman Division 10 Energy & Environment, ABA Forum on Construction Law; past chair Special Programs & Education Committee, ABA Forum on Construction Law; past Governing Committee Member ABA Forum on Construction Law; Board of Governors and Fellow of the American College of Construction Lawyers; Fellow in the Litigation Council of America; and Master in the Haynsworth-Perry chapter of the American Inns of Court. He has presented programs on legal issues affecting the construction and surety industry to the South Carolina and North Carolina Construction Law Sections; the South Carolina Bar Association; the Tennessee Construction Lawyers Association; the University of Kentucky School of Law Continuing Legal Education program; and, the ABA Forum on Construction Law. He is the drafter of the Mechanics Lien and payment bond law revisions to the South Carolina Code of Laws and the co-editor of The Fundamentals of Construction Law 2d. ed. ABA Forum on Construction Law, 2015.

Frank has held an “AV” rating from Martindale Hubbell for over 30 years. He is listed in Best Lawyers in America, Super Lawyers, Legal Elite, and Who’s Who Legal in the areas of Construction Litigation and Construction Law. In 2012 and 2014 he was named “Construction Lawyer of the Year” for Greenville, South Carolina by Best Lawyers. In 2014 he also was listed in the Top 25 Lawyers in South Carolina by Super Lawyers.

Frank is a graduate of Francis Marion University, where he serves on its Board of Trustees, and the University of South Carolina School of Law.

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