Legal Opinion
Erie Insurance v. Winter Construction Co.
Court of Appeals of South Carolina
Decided June 15, 2011No. 4841PublishedCited by 8 opinions
1Opinion of the CourtWilliams, J.
The Winter Construction Company (“Winter”) appeals the trial court’s order granting summary judgment to ERIE Insurance Company (“Erie”) and finding the administrative burden provision in a subcontract is an unenforceable penalty. We reverse.
FACTS
On March 14, 2005, Winter entered into a construction contract with Building Equity Sooner for Tomorrow Corporation (“BEST”) for construction of Greenville Senior High School (the “Project”). The Project was divided into two phases. Phase 1 was comprised of a 100,000 square foot school and a 70,000 square foot addition. Phase 1 construction was…
2Cases cited13 opinions
- Tupper v. Dorchester CountySupreme Court of South Carolina · 1997
- C.A.N. Enterprises, Inc. v. South Carolina Health & Human Services Finance CommissionSupreme Court of South Carolina · 1988
- Osborne Ex Rel. Osborne v. AdamsSupreme Court of South Carolina · 2001
- Ellie, Inc. v. MiccichiCourt of Appeals of South Carolina · 2004
- Ellis v. DavidsonCourt of Appeals of South Carolina · 2004
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Progressive Max Insurance v. Floating Caps, Inc.Supreme Court of South Carolina · 2013
- Lee v. University of South CarolinaSupreme Court of South Carolina · 2014
- Baugh v. Columbia Heart Clinic, P.A.Court of Appeals of South Carolina · 2013
- Coastalstates Bank v. Hanover Homes of South Carolina, LLCCourt of Appeals of South Carolina · 2014
- Park Regency, LLC v. R & D Development of the CarolinasCourt of Appeals of South Carolina · 2012
3 more not listed; retrieve them via the Exa API.