February 4, 2012
The South Carolina Court of Appeals recently upheld an arbitrator's decision allowing a contractor to amend his pleadings on the first day of a five-day arbitration, even where the change ultimately made him the "prevailing party" and entitled him to a fee award under S.C. Code §29-5-10. The homeowner challenged the late amendment because of the effect it had on the "prevailing party" analysis, but the court upheld the arbitrator’s discretion to allow the amendment. C-Sculptures, LLC v. Brown, 394 S.C. 519, 716 S.E.2d 678 (Ct. App. 2011).
C. Allen Gibson, Jr., Esquire (Contributing Author)
James E. Weatherholtz, Esquire (Contributing Author)
Tuesday, February 7, 2012
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