6017 – Noel Owens v. Mountain Air Heating & Cooling

Noel Owens appeals the circuit court’s ordering granting summary judgment to Demetra Caldera and South Market Real Estate. On appeal, Owens argues the grant of summary judgment was improper because (1) the release signed on April 3, 2015, could not have released a claim that did not arise until April 13, 2015; (2) her claim is beyond the scope of the release; (3) there was evidence in the record from which a factfinder could reasonably conclude Caldera was an agent of South Market; and (4) regardless of the outcome of this appeal, she is entitled to a jury trial on the liability issues. We affirm.

6022 – J&H Grading & Paving v. Clayton Construction

Clayton Construction Company, Inc. (Clayton) appeals the circuit court’s ruling that Clayton was liable to J&H Grading & Paving, Inc. (J&H) for attorney’s fees pursuant to section 27-1-15 of the South Carolina Code (2007). Clayton argues the circuit court erred by finding (1) Clayton failed to make a reasonable and fair investigation into the merits of J&H’s claim under section 27-1-15, (2) the "pay when paid" provision in the parties’ subcontract created a condition precedent to payment, (3) the "pay when paid" provision was unenforceable under the South Carolina Subcontractors’ and Suppliers’ Payment Protection Act (the Act) , and (4) any delay in payment beyond ninety days was unreasonable. We affirm.

Posted by: Byron King on 11/07/23 (This information is only accurate as of 11/07/23. You must contact SCR for updates and changes to this information after 11/07/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)

This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.