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Practices + Industries

Construction Litigation


As every player in construction knows, the industry is susceptible to economic change. During an economic downturn, investment in capital projects declines and real estate development slows. Developers, contractors and manufacturers are forced to deploy lean thinking and lean processes, or find alternate opportunities such as public projects or revitalization efforts. And when the economy starts to rebound, construction typically lags behind other industry upturns, challenged to secure project financing. Industry members need to avoid any additional roadblocks from investors, regulators or potential litigants. They can benefit immensely from the strategic advice of experienced counsel. The right legal team can help them (1) find the financial tools for project development, (2) navigate federal, state and local regulations, (3) effectively respond to potential litigation, or (4) initiate an action against another party.

Turner Padget represents the gamut of players in the industry, from building product manufacturers to the contractors who build South Carolina’s houses, workplaces and hotels. Our experience is as diverse as the clients we represent. We routinely advise clients on financing, real estate and regulatory matters. We also have extensive experience in construction litigation. Providing clients with the expertise of a national law firm and the granular knowledge of local zoning, planning and inspection practices, the attorneys at Turner Padget offer effective assistance on legal and business strategy. We use our vast pool of resources to fully support our clients from every angle.

• Product liability
• Class actions
• Fraud investigations
• Regulatory actions

Representative Engagements

  • Currently defending a client and its bonding company, in matters brought by a subcontractor and the South Carolina Department of Transportation (SCDOT), related to alleged delays in the demolition and replacement of a bridge.
  • Directed the closing of two loans totaling over $30 million for a major wholesale distributor of building materials and construction products.
  • Served as national coordinating counsel and trial counsel for a leading building product manufacturer in numerous class actions of national and regional scope involving a type of exterior wall cladding known as Exterior Insulation and Finish Systems (“EIFS”).  Through more than a decade of litigation in numerous state and federal courts across the country, Turner Padget guided its client and its insurers to a successful conclusion of the litigation with low impact on the continued growth and prosperity of the client’s business.
  • For more than twenty years, Turner Padget served as South Carolina defense counsel for a national building product manufacturer in class action litigation of nationwide scope in which colleges and universities and other governmental and institutional building owners sued for damages caused by the installation of asbestos-containing materials in their buildings.  These cases, filed in South Carolina, were among the first products liability class action cases to be filed anywhere and set a precedent for future cases.
  • Counseled a federal credit union through a commercial loan for the construction of a $7.5 million classroom building project for a university foundation.
  • Represented a construction firm that was unable to collect from the owner for costs it incurred due to change orders and other problems beyond its control while installing HVAC equipment for renovation. The owner contended that our client, as a subcontractor, could not directly pursue the claim, so Turner Padget made a presentation to the South Carolina Procurement Review Panel on our client’s behalf. Our successful presentation resulted in a favorable ruling that led to the settlement the claim on the eve of trial, with the owner paying for most of the claims.
  • In a case that was brought to trial, Turner Padget received a defense verdict on indemnity and contribution claims brought against our client by a general contractor. The client had faced liability for up to $2.3 million related to the Daniel's Landing project.
  • Successfully represented a fire door manufacturer in a closely-watched lawsuit involving the deaths of nine City of Charleston firefighters at a Sofa Super Store. Turner Padget was able to show that the alleged failure of the doors were not the result of design and manufacturing problems and did not contribute to the deaths.