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Summaries of Published Opinions by Construction Practice Group
Martin Engineering v. Lexington County School District One, 365 S.C. 1, 615 SE2d 110 ( S.C. 2005).
An unsuccessful bidder brought an action against the school district, alleging that the district improperly allowed the construction company to amend its bid on a school construction project in order to add cost for the roof buildup. A circuit court granted summary judgment to the school district and the unsuccessful bidder appealed. The Supreme Court held that the low bidder was entitled to correct its bid and the low bidder’s mistake would cause low bidder a substantial loss as required by the district’s procurement code. Affirmed. C. Allen Gibson, for Amicus Curiae Carolinas Associated General Contractors.
Ashfort Corp. v. Palmetto Construction Group, 1995 WL 361692 (S.C. 1995). BMSM represented Palmetto Construction. The South Carolina Supreme Court set forth the standards which must be met in order to enforce a settlement agreement. Before any such agreement can be binding, it must be announced on the record or reduced to a written stipulation and filed with the court. This holding complicates the resolution of construction disputes, where the preparation of detailed documents typically follows any agreement to settle. According to Ashfort, the settlement agreement cannot be enforced until it is fully executed, even though the parties have agreed to settle and have fixed the amount of consideration to be exchanged for a release. C. Allen Gibson, Jr., Julius H. Hines
Construction Practice Group Publications, Articles, Programs & Lectures
C. Allen Gibson, Jr.
- Legal Update for Design Professionals, South Carolina Society of Professional Engineers, May, 2005.
- Delays, Liquidated Damages and Waiver of Consequential Damages, International Association of Defense Counsel, February, 2005
- Contributing Author, South Carolina Damages, South Carolina Bar, 2004
- Risk Management and Long Term Liability Issues, American Society of Civil Engineers, April 2004
- Arbitration and Mediation, NALS, March 2004
- Co-Author, Construction Damages and Remedies, American Bar Association Forum on the Construction Industry, 2003
- South Carolina Mechanic's Lien Law, Association of Credit Management - Steel Joist Deck Contruction Group, May 2002
- Construction Contracting for Public Entities in South Carolina, Lorman Educational Services, April 2002
- Design Professional Liability to Third Parties Arising From "Special Relationships" in South Carolina, American Society of Civil Engineers, September 2001
- Author, South Carolina Mechanics Lien Law, LienLawOnLine, 2001
- Construction Contracting for Public Entities in South Carolina, April 2001, Lorman Educational Services
- Risk Shifting in Government Construction Contracts, July 2000, ABA Section of Public Contract Law
- Effective Mediation Techniques, June 2000, ADR Currents, American Arbitration Association
- The Construction Lawyer's Toolbox, May 2000, ABA Forum on Construction Industry
- Identifying and Managing Project Risk, January 1999, South Carolina Bar Construction Law Section
- Construction Contracting for Public Entities in South Carolina, December 1998, Lorman Educational Services
- Advanced Project Delivery Systems, October 1998, ABA Forum on Construction Industry
- Construction Advocacy, April 1997, ABA Forum on Construction Industry
- Risk Management in Construction, October 1996, Lorman Business Center
- Construction Round-up, May 1996, ABA Forum on Construction Industry
- South Carolina Law of Punitive Damages, 1993, National Business Institute
- Fundamentals of Construction Law, October 1993, ABA Forum on Construction Industry
- South Carolina Construction Law, November 1992, National Business Institute
Charles J. Baker, III
- "Construction Management/Design-Build in South Carolina," Lorman Education Services, January 22, 2002
- Lawyers' Professional Liability in the 90's, December 1992, South Carolina Bar
James E Weatherholtz
- Construction Contracting for Public Entities in South Carolina, April 2001 and 2002, Lorman Educational Services, author and presenter
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