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South Carolina Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Civil Litigation for South Carolina on
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.

Do I need a lawyer or should I go to the magistrate for civil action thank you

T. Augustus Claus
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answered on Dec 14, 2023

Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years)... View More

1 Answer | Asked in Construction Law for South Carolina on
Q: I have a former client (8-months ago), who's conduct, I believe, is causing harm to my finished product
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

A South Carolina attorney could advise best, but your question remains open for four weeks. Your question doesn't include too many details. If you mean you are being caused harm by way of negative and false statements about your work, this could be something for a defamation (libel and... View More

2 Answers | Asked in Construction Law, Land Use & Zoning and Municipal Law for South Carolina on
Q: live in the county and have problems with drainage ditches what kind of lawyer do I need to speak with

our neighborhood flooded due to the drainage ditches backing up - we had nearly 24 inches of water under our house - it ruined our ac/heat unit and the ductwork. we have had this problem since hurricane Matthew nearly 5 years ago. we have been trying to get the dot to help but no one with help... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2023

A South Carolina attorney could advise best, but your question remains open for four weeks. A starting point could be a civil litigation attorney who is familiar with technical property damage claims. Good luck

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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: Can I fire a general contractor? What are the consequences?

No contract for job. Incomplete and shoddy work. Taking too long to complete. Asking for money and has never presented us with an invoice or an accounting of what has been paid. Now asking for $10k. This may turn into a civil lit/contract law situation

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Although you do not have a written contract, presumably you do have a verbal contract, which is the verbal agreement for the work to be done and the compensation to be paid. It would be a good idea to preserve all of your evidence now, as you noted, it may turn into a civil litigation/contract... View More

1 Answer | Asked in Consumer Law and Construction Law for South Carolina on
Q: What do I file if a company ignores a Subpoena to produce documents by a certain date?

What do I file if a company ignores a Subpoena to produce documents by a certain date in SC? I am representing myself "Pro Se" because I can't afford the large attorney cost I was told and I make too much to qualify for help. The Company installed the flooring wrong and it is uneven... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 21, 2023

You will need to file a motion to compel and for sanctions if the company is ignoring the subpoena. This is done pursuant to Rule 11 and should get you the desired result. You need to send a letter threatening to file the motion to the attorney for the company.

Unless your case is in...
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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: can a homeowner sue a contractor if the homeowner has never paid anything ?

Completed two repairs on clients home. He has never paid for either and now is trying to sue me in civil court??

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2020

More information is needed, such as if the suit is based on valid damages resulting from a breach. One option is to try to arrange a quick consult with a South Carolina attorney who handles contract matters to review the papers. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Consumer Law and Construction Law for South Carolina on
Q: Extreme damage under our home caused by our Air & Heating Company not doing their job, causing me worse health issues.

We hired a contractor to fix a floor inside our home. Once floor was opened up, he found that our air conditioner Duct work was not hooked up to the main unit. When he went under our home he found went insulation, White and Black Mold, floors that need to be replaced. I have tried to reach out to... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2019

I'm sorry about the health problems you are experiencing, and the state of the HVAC system in your home. You ask for help in finding an attorney. You could search for South Carolina attorneys in the Find a Lawyer section of this website, you could look into the resources of the South Carolina... View More

1 Answer | Asked in Contracts, Business Law and Construction Law for South Carolina on
Q: Can I be sued if hvac intermittently stops working in heat due to drain issue?

Hvac works in heat and ac but drain intermittently stops heat from working. Offered to pay for remedy by another company but was refused.

Tim Akpinar
Tim Akpinar
answered on May 3, 2019

You could try reposting your question in the Landlord-Tenant section, since it hasn't been picked up in four weeks. You are correct in that it involves a contractual/business law matter, but you are speaking of remedies of a company that may have arisen under a lease. What you describe sounds... View More

1 Answer | Asked in Workers' Compensation, Construction Law and Insurance Defense for South Carolina on
Q: independent contractor or subcontractor for workman’s comp

I’m a homeowner trying to have a shed built. Anyone I’ve interviewed does not carry workman’s comp insurance. I believe if an employer has more than 4 employees they must carry workman’s comp but in reality that is not often. Can a company I hire to build a shed be classified as an... View More

Ilene Stacey King
Ilene Stacey King
answered on Aug 9, 2018

Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you... View More

1 Answer | Asked in Car Accidents and Construction Law for South Carolina on
Q: I was pulled out infront of in a construction zone with signs saying do not pass. Can you help

I drive a big industrial truck and I was headed home from work on the interstate it's a three lane I'm in the far right I am coming up to a construction zone and there are signs that say do not pass .I'm about to take a right and get over on the intersection and this guy whips... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 3, 2018

Generally do not pass refers to people passing on the left. If you're dash cam or intersection cam show him whipping in front of you, great! You may get a reduction in at fault. A lot depends on how the police write it up. See if there is an intersection cam--you have to do this ASAP as images... View More

2 Answers | Asked in Products Liability and Construction Law for South Carolina on
Q: Want release from retainer agreement and no longer owe lawyer. Can i send letter of release or do motion to be released

I want to be released from current attorney and hire a new attorney. I signed a retainer agreement but no longer owe the attorney any money. Can I send the current attorney a letter of release or do I have to go through the courts and do a motion to be released?

Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2017

Ask the new attorney how it is best handled. You need to ask for your file, and you may discharge them.

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