tag:blogger.com,1999:blog-56629299460801695242011-09-19T13:04:04.881-04:00Construction Defect LawyerObservations of building defect litigation in South Carolina and the southeastern United StatesDixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.comBlogger81100tag:blogger.com,1999:blog-5662929946080169524.post-38555383167368515652010-08-23T16:45:00.000-04:002010-08-23T16:45:14.096-04:00Social DiseaseAll of us have read newspaper articles, blog posts, and even law journal articles about the perils of Facebook and other social networking sites. We have added a section to our intake process about a prospective client’s internet activities. Last year I sent a standard letter to all my existing clients reminding them that their legal business is private and should not appear on their “wall” or Dixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0tag:blogger.com,1999:blog-5662929946080169524.post-82578439167801639072010-05-28T09:50:00.000-04:002010-05-28T09:50:26.117-04:00Willful IgnoranceI know a little bit about licensing. I have defended design professionals in board proceedings. I have challenged a builder’s right to be paid when his license isn’t appropriate for the work he has done. I have protested bids on public works when a bidder used an unlicensed subcontractor in his pricing. So when the question came to the list the other day I thought I would be helpful. Someone Dixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0tag:blogger.com,1999:blog-5662929946080169524.post-85052106557920238192010-05-18T13:14:00.002-04:002010-05-18T13:25:27.086-04:00Supreme Court Reaches Out to Discovery AbusersYou don’t often see the phrase “smackdown” used in an article about a judicial opinion. It’s hard to imagine, though, a more apt description of the South Carolina high court’s action in Oncology and Hematology Assoc. of SC v. South Car. Dept. of Health and Envir. Control, Opinion No. 26814 (S.C., filed May 3, 2010). (Well, one does come to mind, but I’m not printing it.) In a unanimous decision Dixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0tag:blogger.com,1999:blog-5662929946080169524.post-2569362171805417312010-02-15T13:45:00.001-05:002010-02-15T13:52:48.691-05:00Florida SunshineBack in the day, before Woodstock, even, entrepreneurs in the mold of Bernie Madoff were selling retirement home building lots in the Everglades. Except that you couldn’t build on the lots because they were underwater. Most of the buyers were retirees or soon-to-be. Few ever set foot on the land before closing. Enticed by slick-paper ads and telephone calls, they sent their life savings to these Dixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0tag:blogger.com,1999:blog-5662929946080169524.post-76112441385543911882009-12-01T12:00:00.000-05:002009-12-01T12:00:50.543-05:00Bless his shriveled little heartI’ve been in the trenches of construction trial work for nearly twenty-five years. Sometimes lawyers disappoint me but rarely do they surprise. Yesterday, though, I got a jolt from a defense attorney.
This case involves concrete foundation slabs on grade that were poured with lotsa water and no contraction joints. Unsurprisingly they all have cracks, from hairline to thumb-thick. Defendant Dixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0tag:blogger.com,1999:blog-5662929946080169524.post-80649700145893425422009-11-30T13:35:00.001-05:002009-11-30T13:35:29.330-05:00And now for something really different ...Like it says in my profile, I enjoy law office technology. Well, not really. It is more of an obsession. I should spend more time practicing law and less fiddling with hardware and software. Today my inner geek has triumphed. I want to write about a free tool for case management. Yes, it’s from Microsoft. But that is its strength, not a shortcoming. And did I mention it’s free?
I’m talking aboutDixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0tag:blogger.com,1999:blog-5662929946080169524.post-31800242487556351112009-11-19T15:19:00.000-05:002009-11-19T15:19:13.859-05:00Why is it so hard to class building defect claims?There’s a townhouse development in the city with forty units. The HOA contacts you and says "everyone" in the neighborhood has leaky windows. You meet with the board, walk through the site, and decide it's worth a few dollars to get an engineer involved. Meanwhile, you ask the board to conduct a census to determine just how widespread the problem really is.
Twenty-two owners respond. Sixteen Dixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0tag:blogger.com,1999:blog-5662929946080169524.post-29014376957484768982009-11-13T14:47:00.001-05:002009-11-13T18:02:58.851-05:00The South Carolina Supreme Court is trying to put me out of businessFor nearly two years those of us who represent building owners--and the contractors we sue--thought the issue of liability coverage for building defects was settled in South Carolina. September brought not only the end of summer, but the end of certainty as well. In Auto Owners Insurance Company v. Newman, Opinion No. 26450 (Sept. 8, 2009), the Supreme Court determined one of the largest elementsDixon Robertsonhttp://www.blogger.com/profile/12364194662431764331noreply@blogger.com0