Professional Negligence Law Reporter

A South Carolina appellate court held that a trial court had erred in dismissing a plaintiff’s breach of contract and breach of warranty claims against an architectural firm.

Property owner 480 King Street, LLC, sued architect Glick/Boehm & Associates, Inc., alleging claims for breach of contract, breach of warranty, and negligence. The plaintiff, pursuant to S.C. Code Ann. §15-36-100 (B), filed an affidavit from a professional engineer. At deposition, however, the expert indicated he did not intend to offer a professional opinion about the standard of care applicable to architects. The defense moved to dismiss on the ground that the expert was not qualified. The trial court granted the motion.

Reversing in part, the appellate court noted that the plaintiff’s complaint asserts causes of action against the defendant in both tort and contract. Not all of the plaintiff’s claims—specifically, the breach of contract and warranty claims—were subject to the affidavit requirements of §15-36-100, which requires the affidavit of an expert who specifies at least one negligent act or omission and the factual basis for each claim. Thus, the court found that the language of the record and the plaintiff’s complaint—which alleges causes of action unrelated to the defendant’s performance of professional services as an architect—show that the trial court had improperly dismissed the breach of contract and breach of warranty claims.

Citation: Charles Blanchard Constr. Corp., Inc. v. 480 King St., LLC, 2024 WL 2307555 (S.C. Ct. App. Aug. 2, 2024).

Plaintiff counsel: Jesse Sanchez and Brent Southern Halversen, both of Mount Pleasant, S.C.