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| Construction
Law
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Christopher
T. Colwell
Brandon Gaskins
Robert A. Kerr, Jr.
Perrin Q. Dargan, III
| Significant
Published Opinions |
Tolers
Cove Homeowner’s Association, Inc. v. Trident
Construction Company, Inc., 355 S.C. 605; 586 S.E.2d
581 (2003)
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Hagood & Kerr, PA’s
Construction Law Practice Group recognizes that in
any project the one universal and overriding objective
is successful and timely completion of the project
itself. We therefore work diligently to seek out and
implement swift, mutually acceptable resolutions to
the inevitable conflicts that arise before, during,
and after the course of construction.
In furtherance of this
mission, we offer comprehensive construction-related
services to clients engaged in any aspect of the construction
and land development or land use arena, often working
in tandem with our Real Estate and Business Transaction
Practice Groups. We represent Owners and Developers
of construction projects, Government Contractors,
Private Contractors, Subcontractors, Material Suppliers,
Materials Manufacturers, Design Professionals, as
well as Insurers and Performance Bond Sureties and
Payment Bond Sureties, in all phases of the development
and construction process, including the following:
litigation, contract
negotiation, construction contract
administration, surety work,
and alternative dispute resolution.
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Litigation
- Representing
Owners, Contractors, Designers, Material Suppliers, and
Materials Manufacturers in construction deficiency/construction
defect litigation.
- Representing
Owners, Contractors, Designers, Material Suppliers, and
Materials Manufacturers in matters involving Sick Building
Syndrome (SBS), negative pressure buildings, mold and mildew
contamination, water intrusion, and termite infestation.
- Assisting
Homeowners Associations (HOA’s) Condominium Regimes,
and other Horizontal Regimes with construction-related issues.
Contract
Negotiation
- Drafting
and negotiating Contract Documents on behalf of Owners,
Contractors, Subcontractors, Design Professionals (including
Architects and Engineers), and Material Suppliers. We work
regularly with the families of documents developed by the
American Institute of Architects (AIA) and the Association
of General Contractors (AGC).
Construction
Contract Administration
- Assisting
Owners, Contractors, Subcontractors, Design Professionals
(including Architects and Engineers), Material Suppliers,
and Material Manufacturers with resolution of disputes during
the course of construction while keeping the project itself
moving forward towards completion.
- Assisting
Owners, Contractors, Subcontractors, Design Professionals
(including Architects and Engineers), Material Suppliers,
and Material Manufacturers with construction delay claims.
- Resolving
disputes related to project close-out, including Mechanic’s
Lien claims, Payment Bond claims, and other payment issues.
Surety
Work
- Assisting
Sureties with performance bond claims and payment bond claims,
including claims filed under the Federal Miller Act and
the South Carolina Little Miller Act.
Insurance Coverage
- Representing
parties in Insurance Coverage disputes related to vertical
construction projects, road construction projects and other
land development projects.
Alternative
Dispute Resolution
- Mediation:
We regularly represent clients in mediation proceedings
involving all facets of the construction and land use businesses,
seeking early resolutions to complex problems in order to
allow clients to get out of litigation and back to the business
of business. Our lawyers also serve as construction mediators.
(See our Alternative Dispute
Resolution Practice Group)
- Arbitration:
We have arbitrated cases under the American Arbitration
Association (AAA) rules, the Federal Arbitration Act (FAA)
and the South Carolina Uniform Arbitration Act. We have
also litigated cases as far as the South Carolina Supreme
Court regarding the arbitrability of claims, the enforceability
of arbitration clauses, and the appealability of decisions
related to arbitration. We have also served as arbitrator.
Published
Opinions:
Tolers Cove Homeowner’s Association, Inc.
v. Trident Construction Company, Inc., 355 S.C. 605; 586 S.E.2d
581 (2003)
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Alternative
Dispute Resolution
Bankruptcy
Business
Litigation
Business
Transactions
Construction
Employment
Environmental
and Energy Law
Immigration
Real
Estate
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