· 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 CourtListenerSourced 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.