J&H Grading & Paving v. Clayton Construction

Syllabus

Clayton Construction Company, Inc. (Clayton) appeals the circuit court's ruling that Clayton was liable to J&H Grading & Paving, Inc. (J&H) for attorney's fees pursuant to section 27-1-15 of the South Carolina Code (2007). Clayton argues the circuit court erred by finding (1) Clayton failed to make a reasonable and fair investigation into the merits of J&H's claim under section 27-1-15, (2) the \pay when paid\ provision in the parties' subcontract created a condition precedent to payment, (3) the \pay when paid\ provision was unenforceable under the South Carolina Subcontractors' and Suppliers' Payment Protection Act (the Act) , and (4) any delay in payment beyond ninety days was unreasonable. We affirm.