News
Converging Product Liability, Sales and Construction Law
For the DefenseA large number of construction defect claims have been brought against contractors over the last several years involving construction materials or products used by general contractors and subcontractors in building construction. These claims often involve the construction of the building envelope and exterior wall cladding systems, windows, doors or roofs. A typical allegation is that the design or construction of the building envelope is faulty, resulting in water intrusion and damage to the substrate. Claims of this type have been located in the mid-Atlantic and Southeastern parts of the United States; these areas of the country have particularly aggressive environments, including salt-laden conditions on or near the Atlantic coast and high relative humidity. This article will address these type of claims in light of the recent decision of the South Carolina Supreme Court in Fields v. J. Haynes Waters Builders, Inc., 376 S.C. 545, 658 S.E.2d 80 (2008) ((cited in 29 A.L.R. 3d 1425 (Cumulative Supp. Cases) (applying rule of strict liability in tort to person rendering services)).
Click here to continue reading...
