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ERIE INS. CO. v. WINTER CONST. CO.

No. 4841.

393 S.C. 455 (2011)

713 S.E.2d 318

ERIE INSURANCE CO. as Assignee and Subrogee of Fountain Electric, Inc., Respondent, v. The WINTER CONSTRUCTION COMPANY, Appellant.

Court of Appeals of South Carolina.

Decided June 15, 2011.

Rehearing Denied August 12, 2011.

Attorney(s) appearing for the Case

Richard J. Morgan , of Columbia and C. Walker Ingraham , of Atlanta, for Appellant.

Mason A. Summers , Francis M. Mack and Emily R. Gifford , all of Columbia, for Respondent.

WILLIAMS, J.

The Winter Construction Company ("Winter") appeals the trial court's order granting summary judgment to ERIE Insurance Company ("Erie") and finding the administrative burden provision in a subcontract is an unenforceable penalty. We reverse.

FACTS

On March 14, 2005, Winter entered into a construction contract with Building Equity Sooner for Tomorrow Corporation ("BEST") for construction of Greenville...

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