1 South Carolina Contract Law South Carolina Contract Law William “Trey” Wharton Watkins, Jr. William “Trey” Wharton Watkins, Jr. Elmore & Wall, P.A. Elmore & Wall, P.A. Post Office Box 1200 Post Office Box 1200 Charleston, S.C. 29402 Charleston, S.C. 29402 (843) 329-9500 (843) 329-9500
SC Contract Law For Contractors
Nov 28, 2014
This is a basic presentation on contract law in South Carolina for Contractors, Subcontractors, Residential Contractor, Commercial Contractor, Material Supplier, product manufacturer, and homebuilder to avoid litigation and ensure payment on the project.
General Disclaimer:
The information on these pages is provided as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between anyone or any law firm and the reader or user of this information. A result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
PLEASE NOTE: While we would like to hear from you, please understand that merely contacting us does not create an attorney-client relationship. We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. Accordingly, please do not send us any information about any matter that may involve you unless we have agreed that we will be your lawyers and represent your interests and you have received a letter from us to that effect (called an “engagement letter”).
If you have questions regarding contract law in South Carolina you should seek the advice of a lawyer. Wall Templeton can be reached at 843-329-9500.
General Disclaimer:
The information on these pages is provided as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between anyone or any law firm and the reader or user of this information. A result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
PLEASE NOTE: While we would like to hear from you, please understand that merely contacting us does not create an attorney-client relationship. We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. Accordingly, please do not send us any information about any matter that may involve you unless we have agreed that we will be your lawyers and represent your interests and you have received a letter from us to that effect (called an “engagement letter”).
If you have questions regarding contract law in South Carolina you should seek the advice of a lawyer. Wall Templeton can be reached at 843-329-9500.
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South Carolina Contract LawSouth Carolina Contract Law
William “Trey” Wharton Watkins, Jr.William “Trey” Wharton Watkins, Jr.
Elmore & Wall, P.A.Elmore & Wall, P.A.
Post Office Box 1200Post Office Box 1200
Charleston, S.C. 29402Charleston, S.C. 29402
(843) 329-9500(843) 329-9500
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TopicsTopics::
Basic Contract TheoryBasic Contract Theory Elements of a ContractElements of a Contract Contract InterpretationContract Interpretation Breach of ContractBreach of Contract Types of ContractsTypes of Contracts Contracting MethodsContracting Methods Specific Issues Related to ConstructionSpecific Issues Related to Construction
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Basic Contract TheoryBasic Contract Theory 5 Most Important Things to Consider in Your Work5 Most Important Things to Consider in Your Work
The ContractThe ContractThe Contract The Contract The ContractThe ContractThe ContractThe ContractThe ContractThe Contract
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Basic Contract TheoryBasic Contract Theory
What is a Contract:What is a Contract:
A mutual agreement between A mutual agreement between two or more parties, supported two or more parties, supported by valid consideration.by valid consideration.
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Basic Contract TheoryBasic Contract Theory
Parties to a Construction Contract:Parties to a Construction Contract:
ArchitectArchitect EngineerEngineer GCGC SubcontractorsSubcontractors Material SuppliersMaterial Suppliers Craftsmen/ LaborersCraftsmen/ Laborers LendersLenders SuretiesSureties Insurance CompaniesInsurance Companies
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Elements of a ContractElements of a Contract
OfferOffer AcceptanceAcceptance ConsiderationConsideration
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Elements of a ContractElements of a Contract
Other ConsiderationsOther Considerations LegalityLegality Capacity/ AuthorizationCapacity/ Authorization Oral v. Written ContractsOral v. Written Contracts
Transfer of PropertyTransfer of Property IntegrationIntegration
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Elements of a Contract - OfferElements of a Contract - Offer
Essential TermsEssential Terms Price Price ScopeScope TimeTime
Other Important TermsOther Important Terms Date of the offerDate of the offer Time limit for acceptanceTime limit for acceptance Reference to documents included in the contractReference to documents included in the contract Timing of paymentTiming of payment Completion dateCompletion date Dispute resolution proceduresDispute resolution procedures
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Elements of a Contract - Elements of a Contract - AcceptanceAcceptance
Must mirror the offerMust mirror the offer If any term changed, then it is not If any term changed, then it is not
acceptance. It is a counter-offer.acceptance. It is a counter-offer.
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Elements of a Contract - Elements of a Contract - ConsiderationConsideration
Each party must get something of valueEach party must get something of value Contractor agrees to build somethingContractor agrees to build something Owner agrees to pay for the workOwner agrees to pay for the work
Promissory estoppel can be substituted for Promissory estoppel can be substituted for paymentpayment
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Contract InterpretationContract Interpretation
Plain MeaningPlain Meaning Review entire document for meaningReview entire document for meaning Every term presumed to have meaningEvery term presumed to have meaning Construed against the drafterConstrued against the drafter Parole EvidenceParole Evidence
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Breach of ContractBreach of Contract
Not illegal to breachNot illegal to breach MaterialMaterial ImmaterialImmaterial
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Types of ContractsTypes of Contracts
Lump Sum or Fixed PriceLump Sum or Fixed Price Cost PlusCost Plus Unit PriceUnit Price
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Contracting MethodsContracting Methods
TraditionalTraditional Design/BuildDesign/Build TurnkeyTurnkey ““CM” – Construction ManagerCM” – Construction Manager
At riskAt risk AgencyAgency
Multiple PrimeMultiple Prime Fast TrackFast Track
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Specific Issues Related to Specific Issues Related to ConstructionConstruction
Cardinal ChangeCardinal Change Changed ConditionsChanged Conditions
Type IType I Type IIType II
Pay when paid clausePay when paid clause Flow down clauseFlow down clause No damages for delay clauseNo damages for delay clause Attorneys feesAttorneys fees Liquidated damagesLiquidated damages
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South Carolina Contract LawSouth Carolina Contract Law
Trey WatkinsTrey Watkins
Post Office Box 1200Post Office Box 1200
Charleston, S.C. 29402Charleston, S.C. 29402
(843) 329-9500(843) 329-9500
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