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· 12/11/1985

Sentry Engineering & Construction, Inc. v. Mariner's Cay Development Corp.

Citations

  • 338 S.E.2d 631
  • 287 S.C. 346
  • 1985 S.C. LEXIS 536

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that “[flederal decisions require a showing of prejudice when waiver is asserted .... it is not inconsistency, but the presence or absence of prejudice which is determinative”
  • stating “the mechanic’s lien statute may not be used as a vehicle for collecting damages for breach of contract”
  • Construing contracts together when “[t]he two documents refer to different components of the contract’s price term: payment for actual work and payment for profit. Under the Klutts test, the purpose of both is the same: compensation for project construction.”
  • “[O]verhead and profit, when stated as part of the contract price, are proper components of a mechanic’s lien.”
  • “[T]he mechanic’s lien statute may not be used as a vehicle for collecting damages for breach of contract.”
  • presence or absence of prejudice, not inconsistency, determines waiver of right to arbitration

Source: CourtListener parenthetical corpus (CC0).

Judges: Chandler, Ness, Gregory, Harwell, Finney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.