Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
L-J, Inc. v. Bituminous
Date: 06-03-2002
Case Number: 3505
Judge: Goolsby
Court: In The Court of Appeals of South Carolina
Plaintiff's Attorney:
"_new">Charles E. Carpenter, Jr.,
"_new">Francis M. Mack and
"_new">S. Elizabeth Brosnan, all of Richardson, Plowden, Carpenter & Robinson, of Columbia, for appellant.
Defendant's Attorney:
"_new">Sean K. Trundy and
"_new">I. Keith McCarty, both of Pratt-Thomas, Epting & Walker, of Charleston, for respondents.
On July 14, 1989, Eagle Creek Construction Co., Inc., a subsidiary of L-J, Inc. contracted with Dunes West Joint Venture to develop the site and construct the roads for the Dunes West subdivision at a cost of $3,632,458.75. Eagle Creek hired subcontractor, U.S. Construction Co., Inc., to clear, grub, rough grade, fine grade, and construct the sub-base and base for roads within the project. U.S. Construction, in turn, hired Site Prep, Inc., and Destiny Construction, Inc., to perform some of these tasks. Eagle Creek also subcontracted for Tidelands Utilities Co., Inc., to construct and install a water drainage system. Another subcontractor, Sanders Brothers Construction, Inc., paved the roads.
The subcontractors completed the roads in 1990. By 1994, the road surfaces had deteriorated and failed. Testimony indicated drainage problems and an inadequate subgrade due primarily to tree stumps left in the roadbed. The stumps prevented the soil from being adequately compacted and allowed surface water and moisture to seep into the road base, deteriorating the pavement.
* * *
Click the case caption above for the
full text of the Court's opinion.
We further find that the products-completed operations hazard and subcontractor exception provisions restore coverage that would otherwise have been excluded by the "your work" provision.
Affirmed for the Plaintiff.
About This Case
What was the outcome of L-J, Inc. v. Bituminous?
The outcome was: We affirm the master's finding that there was an "occurrence" under the policy and that Bituminous is liable for water damage to roads in the Dunes West subdivision occurring during its policy period. We note that Bituminous does not appeal the master's factual finding of property damage during this time. As such, that finding is the law of the case. (18) We further find that the products-completed operations hazard and subcontractor exception provisions restore coverage that would otherwise have been excluded by the "your work" provision. Affirmed for the Plaintiff.
Which court heard L-J, Inc. v. Bituminous?
This case was heard in In The Court of Appeals of South Carolina, SC. The presiding judge was Goolsby.
Who were the attorneys in L-J, Inc. v. Bituminous?
Plaintiff's attorney: Charles E. Carpenter, Jr., Francis M. Mack and S. Elizabeth Brosnan, all of Richardson, Plowden, Carpenter & Robinson, of Columbia, for appellant.. Defendant's attorney: Sean K. Trundy and I. Keith McCarty, both of Pratt-Thomas, Epting & Walker, of Charleston, for respondents..
When was L-J, Inc. v. Bituminous decided?
This case was decided on June 3, 2002.