Arbitration and Mediation

Arbitration and mediation are increasingly used to resolve disputed matters through faster and more cost-effective means than trial. In an arbitration proceeding, the parties present their case to a neutral, third-party arbitrator, who renders a binding decision on the merits, much the same as would a judge or jury. In mediation, a neutral mediator will work with the parties to help them resolve their differences outside the courtroom and without the need for a trial. Many contracts require arbitration, and many courts require that the parties to a case go through either mediation or arbitration before proceeding to trial.

Smith & Closser has extensive experience in both arenas, and our lawyers have represented a number of clients in arbitration and mediation proceedings, ranging from short hearings to multi-day arbitration trials and negotiations.

Business Formation

Smith & Closser has helped clients with every stage of the formation of a new business entity, including the preparation and filing of all the paperwork with the Secretary of State, holding corporate meetings and completing corporate books and records, as well as obtaining and registering corporate names and securing protection for trade and business names. Where regulatory approval is necessary for the opening of a new business, our lawyers have also worked with the applicable agencies to ensure that the company is properly licensed and authorized to conduct its business, and have appealed adverse administrative decisions to the Administrative Law Courts.

Claims Management & Prevention

Closely tied to both its construction practice and general corporate work, Smith & Closser works with its clients in the creation of policies, procedures, and systems that are designed to help clients avoid future legal problems. These measures can take a variety of forms, including contract review, modification, and negotiation, and the ensuring of compliance with applicable laws and regulations.

In addition, Smith & Closser has extensive experience in dealing and negotiating with insurance companies, whether making claims on behalf of the insured or representing its clients within the scope of their insurance coverage.

Complex Litigation

The term complex litigation is usually applied to big, complicated cases that may involve multiple parties, large dollar amounts, or involved legal theories. The lawyers at Smith & Closser have tried a number of complex litigation matters in both the state and federal courts, including construction cases, insurance coverage issues, and difficult corporate questions. In addition, they have taken these cases to the South Carolina Court of Appeals and South Carolina Supreme Court, whether to correct an error of law made at the trial or to uphold a correct ruling.

Construction Law

Smith & Closser has worked with contractors, developers, property owners, and specialists in affiliated fields for decades. We have worked with sureties and insurance companies on bond claims and defective construction matters, and have perfected, prosecuted, and defended against mechanic’s liens ranging from the small subcontractor cases to multi-million claims.

Even the smallest and simplest mechanic’s lien requires careful compliance with all of the precise statutory steps, and Smith & Closser makes sure that not only its staff but its clients are kept aware of every change or modification in the law.

Contracts

Smith & Closser has worked with clients in a variety of businesses in drafting, negotiating, and modifying contracts to help meet each client’s specific needs. Our expertise in contract review encompasses not just the construction industry but employment contracts and covenants not to compete. Smith & Closser has also worked extensively in such specialized areas as drafting Covenants and Restrictions for developers and homeowner’s associations, commercial lease agreements, and corporate matters such as asset purchase agreements and business sales.

Bond & Surety Claims

Smith & Closser lawyers have worked on a variety of different types of bond cases, including sureties, payment and performance bonds, and both Miller Act and Little Miller Act claims. We have appeared on behalf of our clients in the state and federal courts. Smith & Closser has extensive experience in helping its clients move through the complicated procedures involved in pursuing a bond claim.

Insurance Coverage & Defense

Smith & Closser has worked with individuals and corporations seeking insurance coverage under homeowner’s and commercial general liability policies. An area of the law that is presently undergoing rapid and major changes, Smith & Closser stays on top of every modification in insurance law that might be applicable to its clients.

In addition, Smith & Closser is frequently retained by insurance companies to represent their insured in claims involving defective construction, negligent workmanship, or property damage.

Design Professionals

In part because of its background in construction, Smith & Closser is uniquely qualified to handle professional negligence matters involving architects, engineers, and surveyors. The firm has successfully practiced in this field throughout the State.