South Carolina Construction Defect Lawyers
The construction defect attorneys at Clawson and Staubes are well-versed in the handling all types of construction defect litigation. Our lawyers have an established track record of success in representing engineers, architects, general contractors, and specialty subcontractors in state and federal courts across South Carolina and North Carolina. We have successfully litigated claims of negligent construction, defective workmanship and professional negligence by blending architectural, engineering, construction and legal concepts. We also regularly provide commercial general liability coverage interpretation. We provide contract review services and representation on mechanics liens, payment bond and performance bond claims to both trade subcontractors and general contractors.
Construction Defect Litigation
Construction defects in residential and commercial structures include a wide variety of deficiencies, including structural integrity, mechanical, electrical, water intrusion, thermal and moisture protection, doors, windows, and finishes. These deficiencies can originate from failures with the design, materials, or deficiencies within the construction process itself. Our primary goal is to resolve these cases in the most efficient manner, be it through alternative dispute resolution or informal negotiation. However, our attorneys are trial ready and have a track record of successfully litigating construction defect cases.
Our construction defect attorneys routinely review plans, specifications, building codes, product manuals, and industry standards to determine whether the problems alleged are a result of product failures, design deficiencies, or true construction defect. In so doing, we are able to provide meaningful guidance to our clients with the assistance of industry professionals on potential exposure and resolution.
Architects, engineers, and other design professionals are oftentimes exposed to liability on projects on which they provide design services or have construction administration or draw request review duties and responsibilities. In these cases, the design professional is compared with like professionals in the industry to determine whether he or she has acted reasonably in the performance of his or her duties. Our attorneys have successfully defended and litigated design professional cases on the State and Federal level for over 30 years.
Commercial General Liability Insurance Coverage
With the rise in the number of construction defect cases, an emerging area of the law involves the interpretation of commercial general liability policies and the coverage they provide. The CGL policy and its endorsements are complex documents. Our attorneys provide analysis in the form of coverage opinions and litigate on behalf of carriers in declaratory judgment actions in both State and Federal Court. As construction defect litigation continues to grow, more and more insurance companies seek to limit or eliminate their overall exposure and benefit from competent representation to properly advise them as to potential problem areas. Our attorneys are experienced in coverage matters and are able to provide meaningful guidance in this area of the law.
Mechanic’s Liens and Materialman’s Liens
When a contractor performs work or material supplier provides products on a construction project, he or she is entitled to be paid for that work or those products. A lien automatically arises to protect contractors and materialmen. However, Mechanic’s liens are highly time-sensitive and there are certain steps one must take with hard deadlines one must meet to perfect those liens. The attorneys at Clawson and Staubes are experienced in navigating this very specific area of the law and have perfected hundreds of liens on behalf of contractors and materialmen.
One of the most important aspects of construction litigation is good legal advice to avoid it all together. A good contract can be an important part of a construction project. The peace of mind in knowing your contract protects you and your business is worth making the extra effort upfront to ensure it is worded properly and complies with applicable laws. Our attorneys routinely review construction contracts and point out areas of concern, traps, and unfair language. It is not enough for the contract to be reviewed by only one party’s lawyer. You should have the contract reviewed by your lawyer.
Consult with a Construction Defect Attorney
If you are in need of a South Carolina or North Carolina construction defect attorney, our legal team at Clawson and Staubes is available to assist you. Contact us at (843)577-2026 to learn more about our services.