Lawrence v. General Panel Corp
||General Panel Corp
||March 3, 2017
||US District Court for the District of South Carolina
||Richard M Gergel
|Nature of Suit:
||Other Personal Property Damage
|Cause of Action:
|Jury Demanded By:
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|November 14, 2017
ORDER AND OPINION This matter is before the Court on Defendant's motion for summary judgment. For the reasons set forth in this order and opinion, the Court certifies the following question to the South Carolina Supreme C ourt: 1. Did 2005 South Carolina Laws Act 27 (H.B. 3008) amend South Carolina Code § 15-3-640 so that, in an action for damages based upon a defective improvement to new construction real property, the date of "substantial completion of th e improvement" is measured from the date of the certificate of occupancy (unless the parties establish a different date by written agreement), superseding the South Carolina Supreme Court's decision in Ocean Winds Corp. of Johns Island v. Lane, 556 S.E.2d 377 (2001)? The Court CERTIFIES the foregoing question to the South Carolina Supreme Court. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/14/2017. (sshe, )
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